Research On Equity Division Between Husband And Wife During Divorce

The issue of whether the equity obtained by a couple using their common property to contribute to the company is jointly owned by the couple is not stipulated in the law.It has three main theories in academia: positive theory,negative theory and compromise theory.In judicial practice,there is a phenomenon of different judgments on how to divide the equity registered in the name of one spouse that uses the joint property of couple to contribute to a limited liability company,The reason for this phenomenon is mainly due to the ambiguity of legislation related to the issue of equity division during divorce between spouses.Therefore,we need to sort out the problems faced in the trial practice,find out the loopholes and deficiencies in legislation,deal with the conflict between the equity division and the interests of the company when the couple divorce,so as to put forward a practical solution.This article mainly discusses the legal issues related to the division of equity in limited liability companies obtained through the joint property contribution of spouses in divorce litigation in China,and put forward corresponding suggestions from various angles,hoping to improve the system of the ownership division and maintain judicial justice.The first part,clearly define the basic theories related to equity.The second part Sorted out the relevant laws and judicial interpretation to analyze the legislative status,and summarized the current judicial status of this issue from the Peking University magic weapon law database screening cases.The problems and difficulties of marital equity division are discussed from several aspects: whether equity can be shared,marital equity division,conflict of interest between marital equity division and company shareholders,and equity value evaluation.In the third part,the author draws the conclusion that equity belongs to new civil rights by analyzing various theories and viewpoints on the nature of equity,Mutual ownership of equity from various perspectives Conduct argumentation.The recognition of joint ownership of couple equity is the premise of solving the division of couple equity.Subsequently,the author argues from a conceptual perspective on the rationality of equity division and equity transfer.Subsequently,it was determined that the court could forcibly split the equity.Finally,the principles that should be followed when dividing equity were demonstrated,leading to a detailed segmentation method.In the fourth part,Propose my own suggestions.The first is to clarify the principle of marital equity division;the second is to specify different types of companies and determine the methods of marital equity division;the third is to strengthen preventive measures,such as balancing multiple interests through shareholder agreements and company bylaws.Fourth,improve the equity value confirmation mechanism,from the establishment of professional evaluation institutions,in the case of not meeting the requirements of professional evaluation of the reference factors of judicial organs to build a perfect equity value evaluation mechanism.