Research On The Issue Of Husband And Wife Equity In Limited Liability Companies

At present,equity is becoming an important part of family wealth,and legal disputes caused by equity are on the rise.Among them,the issue of husband and wife equity has become a practical and theoretical issue that has received much attention and urgently needs to be solved.In the context of civil and commercial cross-cutting,in practice,the more controversial issue of marital equity is embodied in the couple’s disposition,inheritance and division of joint equity in limited liability companies.Equity is a comprehensive right with both personal and property nature,which is mainly embodied in property rights.Based on the need of social practice and the reference of extraterritorial legislation,share ownership should be shared,and share ownership means share ownership of shareholders.As to the effect of the unauthorized transfer of shares by one of the spouses,there are views that it is not entitled to disposition,and there are views that it is entitled to disposition.In fact,from the nature of joint ownership,this Act should be considered as invalid transfer.When the third party acquires shares in good faith in practice,the burden of proof should be distributed to protect the legal rights and interests of the parties.With regard to the succession of shares in the name of one of the spouses,in the absence of any restriction on the succession of shares in the articles of incorporation,it is sufficient to satisfy the provisions of the company law and is not subject to the conditions imposed by other shareholders.The operation and development of a company must comply with the provisions of laws such as the company law and the relevant judicial interpretations,as well as with the corresponding rules when one of the spouses wishes to enter the company as a shareholder on the basis of equity inheritance,to maintain the human integrity within the limited liability company,to avoid disputes and corporate deadlock.The essence of marital equity division is a kind of special equity transfer behavior,and the principles of promoting the effectiveness of things,protecting the interests of marriage and family,and maintaining the safety of market transactions should be adhered to.When the spouses reach an agreement on the division of shares,in principle they may refer to the provisions of article 73 of the third edition of the judicial interpretation of marriage and,of course,respect the autonomy of the spouses as much as possible,solve the problem by mutual consultation.When the spouses can not reach an agreement on the division of stock ownership,they should refer to the division mode of the Supreme Court in the typical case,that is,the share ownership to the shareholder,and compensate the spouse with the corresponding discount.