A Study On The Issue Of Unilateral Transfer Of Equity Of Limited Liability Company By Husband And Wife

During the duration of the marriage relationship,when the husband and wife obtained the equity of the limited liability company with the joint property contribution and the equity was publicized in the name of one of the husband and wife,the publicizing party transferred the equity without the consent of the non publicizing party,resulting in many disputes in the judicial practice.The court has great disputes on the handling of such cases,and there are also differences of views in theory.When judging such cases,most courts concluded that the focus of dispute was whether the equity belongs to the common property and the effectiveness of unilateral transfer of equity under the name of the spouse of the publicizing party.Due to differences in legal application and value protection between different courts,the above two issues could not be reached in the trial,resulting in confusion in the case handling.The main reason for the trial differences in such cases is that they are subject to the dual regulation of the marriage law and the company law.When the case is handled,the court first needs to solve the issue of whether the equity can be regarded as the common property of the husband and wife.However,neither the marriage law nor the company law has made clear provisions on this,which leads to the value deviation of the judge in the legal interpretation according to the principles,and then leads to the conflict in the application of the departmental laws.Secondly,after resolving the dispute over whether the equity can be taken as the common property of the husband and wife,the validity of the transfer should be resolved.The transfer of equity involves the act of disposition and the act of burden.Most courts do not treat the two acts differently,and there are two differences on the validity and invalidity of the act.The property rights and interests in equity belong to the common property of husband and wife.In principle,the disposal of equity transfer is invalid,while the principle of burden is effective according to the principle of separation of disposal and burden.Since it tends to protect the interests of the spouse of the non-public party and neglects the protection of the interests of the transferee,it is necessary to introduce the bona fide acquisition system into such cases to balance the interests of the spouse of the non-public party and the transferee.Finally,the legislation should make it clear that equity belongs to the common property of husband and wife,and improve the rules of equity publicity at the system level to avoid such disputes as much as possible.