Research On The Norms Of Unilateral Disposal Of Husband And Wife’s Joint Stock Rights In China

With the continuous improvement of China’s economic development level,corporate equity has become an important means for many families to make family investment.The investment behavior of taking the family as the unit makes the situation of joint ownership between husband and wife gradually increase.However,China’s "company law" and "Civil Code" marriage and family regulations on the disposal of joint stock rights are not clear,judicial practice has different views on the nature of husband and wife’s joint stock rights,and there has been a dispute on the legal effect of husband and wife’s unilateral disposal of joint stock rights in theoretical and practical circles.This leads to different judgment ideas and paths for the determination of the effectiveness of the transfer agreement when the husband and wife unilaterally transfer the company’s equity in practice,which leads to the phenomenon of different judgments in the same case when the judicial organ deals with the case of the husband and wife’s unilateral transfer of common equity,which seriously affects the judicial credibility.Therefore,it is urgent to establish and improve the husband and wife’s common equity system..The second part is about the overview of husband and wife’s common equity.It is divided into three parts: one is to analyze and discuss the basic meaning of husband and wife’s joint equity;The second is to analyze the nature of husband and wife’s joint equity;The third is to clarify the scope of the joint ownership of husband and wife,in order to have a clear understanding of the joint ownership of husband and wife.The third part is the analysis of the effectiveness of the husband and wife’s disposal of common equity.First,the academic disputes on the effectiveness of one husband and wife’s disposal of common equity include "the right to dispose" and "the right to dispose".Second,it mainly focuses on the summary of judgment cases and reasons of husband and wife’s unilateral disposal of common equity in judicial practice.The fourth part focuses on the analysis of the difficulties and causes of the exercise of equity disposal right under the publicity rules of commercial law.The first part,the problems of equity exercise under the publicity rules of commercial law include: first,the subject of equity exercise is determined strictly according to the publicity results;Second,the current commercial law rules can not reflect the common ownership of shares.The second part is the causes of the dilemma of the exercise of equity disposal right under the publicity rules of Commercial Law: first,there is insufficient connection between the civil code and the company law,insufficient connection in the common attribute of equity and insufficient connection in the exercise conditions;Second,the difference between the two adjustment objects affects the exercise of equity.The fifth part analyzes the path under the framework of the civil code,improves the relevant system of husband and wife’s common equity and the auxiliary measures to improve husband and wife’s common equity,solves the dilemma of husband and wife’s common equity faced by our country,and then puts forward targeted measures and construction paths.Firstly,from the perspective of the civil code,the ideas to determine the effectiveness of husband and wife’s unilateral transfer of equity are as follows: first,the system of bona fide acquisition can be applied to the identification of husband and wife’s joint equity transfer;Second,during the duration of the marriage relationship,the non shareholder’s unilateral disposal of the joint stock rights of the husband and wife has no right to act as an agent.The apparent agency rules can be applied to determine the effectiveness of its transfer of stock rights,so as to maintain the transaction safety of a bona fide third party to the greatest extent;Third,the dormant shareholder system can be applied to the disputes over the unilateral transfer of husband and wife’s joint equity;The second is to establish the system related to husband and wife’s joint equity at the legislative level: clarify the attribute of husband and wife’s joint property of equity in the law;Clarify the power of husband and wife’s equity disposal and strengthen the system;Establish a system of joint ownership registration and publicity period;Husband and wife equity management system shall be established.Finally,improve the corresponding auxiliary measures of husband and wife’s joint equity: relax the access authority for non shareholders;The articles of association may stipulate that the transfer of equity shall be subject to the consent of the spouse,and the timely payment shall be guaranteed while paying reasonable consideration;Strengthen law popularization education for non shareholders.