| Married couple invest their common property into the company,in order to get the corresponding qualification as a shareholder,and their shareholder’s rights,so that they can achieve the purpose of managing the company,and participating in dividends.Once the divorce disputes arise between husband and wife,the division of matrimonial equity becomes imminent.Meanwhile,taking each other’s investment management knowledge,understanding and social status differences into account,quite a few family would choose to register their common property,namely,the equity,in the name of one of the spouses.This is the so-called stock rights held by one of the couple.Dealing with this issue is related to the interests of other shareholders and the company’s own stability,apart from the couple involved in the balance of interests.In other words,from the terms of the micro level,it is both an example of how the field of marriage and family dealing with distribution of matrimonial property issues,as well as a matter of how to balance the firm’s co-owned and co-issues from the perspective of corporate law;at the same time,placed on the macro level,it also reflects an issue of the convergence and integration betwween civil law and commercial law pertaining to total equity theory.Unfortunately,there’s no unified view on this issue no matter from the perspective of legislation or practice.And the fundamental reason which I think is the lack of study on equity total system.For this paper,the writer had in-depth study of this issue,in order to get a clear idea of division of matrimonial equity in divorce litigation,so that both the interests of the husband and wife,and the interests of other shareholders,as well as its stable development of the firm itself can be balanced. |
