Research On The Division Of Common Stock Rights In Divorce

With the development of social and economic, the modality of mutual property of spouses has becoming complex and diverse, the composition of mutual property of spouses has changed a lot which form tangible assets to the combination of tangible and intangible assets. Divorce not only alter the relationship of couples, but also alter the ownership of the mutual property, which is focus on how to divide mutual property. One of the most complex situations is how to divide mutual shares of spouses. Division of shares will involve with third parties, therefore, it is not only about the interests of the couples, but also the interests of company and the other shareholders. Because share value is keep on inflating, then how to identify the value of mutual share of spouses becoming another disputation. How to take care of the division the mutual share of spouse is not only affect the benefits of couples, but as well as the benefits of third parties.This article is divided into four parts, the following are the main contents:Part I: In counter to the definition of shares, analyzing the different theories on the nature of shares. In the bases of above definitions, raising to the concept of mutual share of spouses and the types, then expatiated the particularity of how to divide it.Part II: due to division of mutual share of spouses is a special types of share transfer in the limited liability company, part two will focus on introduce various types of share transfer in the different counties and the reasons why they adopt it, then comparing the legislations about how to divide mutual share of spouses overseas.Part III: form the cases of judicial practice, part three leading to the common issue on divide mutual share of spouses, then presenting the legislation of how to divide mutual share of spouses in the both side of Marriage law and the Corporation law, and points out the problems and shortcomings.Part IV:To counter the problems of divide mutual shares of the spouses under the Corporation Law & Marriage Law of the People's Republic of China, the essay proposes a few suggestions such as:the principles of mutual shares division as divorcing, Further Strengthening the protection of disadvantaged groups, establishing the equity evaluating system and specified purchasing rights system in Corporation Law.