Split Share The Common Property Of The Couple’s Divorce

As important component of the system of marital property, marital property division, especially during the couple split equity, be concerned not only the identity of the shareholders of the parties to the marriage and property interests, may also affect the company and other shareholders and even the legitimate rights and interests of the public. The current law (mainly the Companies Act, the Marriage Law and relevant judicial interpretations) couple options predetermined splitting is not comprehensive, clear, poor operability, long plagued the judicial practice and related parties, needs improvement.The first couple options defined by the law, and empirical analysis, comparative analysis and other methods couple options split, split the principles to be followed and the corresponding segmentation method is analyzed, and finally, this paper presents the perfect divorce husband and equity split some of the recommendations of the legislation and related measures to promote effective solution to such problems.Remove the introduction and conclusion, can be divided into four parts.The first part is a jointly owned property and couple options overview. The main part is to introduce the legal definition of the jointly owned property, the options have characteristics are introduced, and on the basis of analysis of the concept and characteristics of the couple options, and the concept of equity division also made a corresponding elaborated.The second part of our legislative and judicial status of husband and equity split. First from the "Marriage Law" and the relevant provisions of the "Company Law" to point out the imperfections of the current China’s relevant laws and regulations. Secondly, there is a difficulty six identified from the vesting discuss the difficulties and outstanding problems in the judicial practice equity split.The third part is a couple options divided theoretical discussion. First discuss the principles applicable in the division of the couple options should be pointed out that the principle of fair and consultations. Followed by the couple split equity problem description, and then split done some research.The fourth part is the perfect divorce when the couple split equity legislation and rules recommendations. The draws in part on the relevant provisions of the foreign, the split of the couple equity legislation and the introduetion discussed,and recommendations to further establish and improve specific systems and rules.