The Analysis On The Division Of Joint Ownership Of Stock Between Divorcing Couples

With the development of the socio-economic,the form of family property is not limited to the property rights、creditor’s rights and so on.Accompanying with the stock right’s increasing importance in the communal estate,the cases of the division of joint ownership of stocks between divorcing couples is increasing.Different from the division of traditional communal estate,the division of stocks involves the interests of the company and other shareholders.The joint ownership of stock between couples usually registered in the name of the husband or wife,if the one who is not the shareholder wants to get the stocks,it will have an influence on the human compliance of the Limited liability Company.So,it depends on the other shareholders.The law of our country on the division of joint ownership of stocks between divorcing couples have a lot limitations and not clear,leading to differences in the results of the cases.Urgent need to be improved.This thesis mainly discussed the division of joint ownership of stocks between divorcing couples,and it is divided into four parts in addition to conclusions.The first part of the paper is the summary of the division of joint ownership of stocks between divorcing couples.Analyzed the legal characteristics of Limited Liability Company and stocks.Focus on the analysis of the difference between the joint ownership of stocks between couples and other communal estate.The second part is the current situation and problems of the legislation of the division of joint ownership of stocks between divorcing couples in China.First of all,this thesis introduces the current legislation of our country’s current law for the division of joint ownership of stocks between divorcing couples.Secondly,the author put forward the deficiency in legislation and the difficulties in practice from two angles of legislation and practice.The third part is the legal regulations on the transfer of shares of the joint ownership of stocks between couples in “French Civil Code” and “French Business Corporation Act”.The relevant regulations of the French law are introduced in detail.Through the analysis of relevant laws in France,the author thinks we can draw lessons from the regulations of articles of Association,allow the transfer of joint ownership of stocks between couples in husband and wife and the rights and obligations of the parties involved.Such as: the duration of the exercise of the rights and the consequences of other shareholders;to give the court the right to postpone the trial and so on.The fourth part is the suggestions for improvement of the joint ownership of stocks between divorcing couples.Firstly,analyzed identification standard of our country.Under the provisions of the “Marriage Law” and the relevant judicial interpretation of our country,the standards shall be limited to the investment or purchase of the common property after marriage,property of one has inherited or given,the value added part of the personal stocks after marriage.Secondly,separately discussed the method of stock rights partition in husband or wife side holdings 、 shareholdings and “couple companies”.Finally,combined with the specific segmentation method,the author believes that it is important to protect the interests of non shareholders’ spouse,to confirm and protect the right to know the spouse of the non shareholders,Conditional on the burden of proof,we can built the inversion of burden of proof system.At the same time in order to prevent the shareholders of malicious transfer of stocks,we can take certain measures to preserve and freeze the property of the company.