Analysis On The Problem Of Equity Segmentation In The Divorce Of Husband And Wife

Last year the new company law amendment deleted some of the lowest investment, money invested ratio limit requirements, is to encourage everyone to do poineering work, in order to improve the development of the national economy, setting up a company difficulty requirements low, the company is more and more, many companies are jointly founded. Some of them are jointly set up, some established by the husband or wife, such problems. Whether the equity is the common property of the husband and wife, the equity can be divided into the same as other property, which is not simple to be able and can not. This is the marriage law of the People’s Republic of China and the "company law" of the intersection, it is the law of the gap. Our country only marriage law interpretation seventy-second in accordance with the "company law" two terms of the transfer of shares of the terms of a small change in the couple’s shareholders, and then have a share of this, but not comprehensive. Judicial interpretation of the provisions of a party for the shareholders, a party is not a shareholder, and the couple agreed the situation, but both sides are shareholders, the company only two people, or when the consultation is not consistent, the equity division, the principle method, these are worth exploring issues. Only by constantly improving, can we establish a real sense of the social situation of the couple’s equity division program.The full text of the text from four aspects of the couple’s equity segmentation in-depth analysis, first from the basic theory, the couple’s share of the content, characteristics, range, different to your domestic and international, and put forward the relevant issues and the corresponding improvement suggestions. Including introduction, four chapters and conclusion:The introduction introduces the origin, the concept of the separation of the couple split, the meaning of the topic and the purpose of the thesis.In the first chapter, the overview of the couple’s equity division, the legal definition of the common property of the husband and wife, the concept, characteristics, types, etc.. Through the equity transfer and the relationship between husband and wife, this paper expounds the principles and methods of stock split.In the second chapter, through the introduction of domestic and foreign countries of the couple’s equity segmentation legislation, and thus leads to the status quo of the couple’s equity division in China and the problems and difficulties.The third chapter, through the current situation of China’s husband and wife equity segmentation, first discuss the principle of the couple’s equity segmentation should be applied, as well as the possibility of the split of husband and wife.In the fourth chapter, according to the difficulties of the existence of foreign experience, the establishment of a complete set of suggestions, and put forward specific methods.