A Study On The Split Of Husband And Wife's Common Ownership During Divorce

With the rapid development of social economy,social wealth increases sharply,the newly established companies are increasing,the type of property is no longer the traditional deposits,household appliances,houses,cars,etc.,there has been a new property such as equity.In recent years,the divorce rate has been increasing year by year,divorce cases often involve the division of shares.Because of the particularity of the nature of equity rights,the study on the split of common ownership of husband and wife during divorce has become a prominent issue in dealing with the thorny issues related to law,and has increasingly become the key and difficult link for legal professionals to overcome.Because such problems require the comprehensive operation of many legal fields,the existing laws have failed to make clear text descriptions,such as the"marriage law" and "company law",which have not been able to put forward perfect solutions.The separation of common ownership of husband and wife is different from the division of other forms of property,resulting in the difficulty of the application of such cases in the judicial practice of divorce proceedings.This article academic research articles,generally divided into 5 chapters,mainly for marriage in cannot survive under the conditions of the corresponding analysis to explore how to properly dispose of matrimonial equity segmentation,in order to find out the problem,make reasonable countermeasures,so as to better solve the reference.The first chapter focuses on the introduction of equity and other basic common knowledge,defines what is equity,the common ownership of husband and wife and its nature.The second chapter mainly introduces the current problems in the legal protection of the status quo,the "marriage law","company law",foreign legislation,Germany and the United States,Britain and Japan legal analysis,expounds the shortcomings of the current legislation of our country,in order to pave the way for how to perfect.The third chapter is the common equity segmentation rules and judicial practice of the husband and wife,points out its particularity,and discusses the specific segmentation method.The fourth chapter is the difficulties of divorce common equity segmentation and shortcomings,from three aspects of the judicial dilemma is detrimental to the company rights and non shareholder spouse matrimonial equity segmentation in the burden of proof is difficult,to discuss jointly faced difficulties and shortcomings of the equity segmentation.The fifth chapter puts forward some suggestions on improving the marriage law and company law from the angle of legislation,and forms the ideas and methods to solve the problems.