Research On The Division Of Marital Shares In Divorce Litigation

With the development of the economy,the difficulty of hearing cases at the basic people's courts mainly originate from the division of property in divorce proceedings(involving divorce disputes and post-divorce property disputes).However,when joint property of the spouses contains the equity of a limited liability company,the division of it becomes more difficult.We should not only balance the interests of the divorced couples,but also considerate the interests of the company's shareholders and other third parties.Traditional civil laws such as the marriage law and commercial laws such as the company law must be considered for comprehensive discretion.However,the reality is that there are certain gaps in the legislative provisions on the division of joint stock ownership of couples in divorce proceedings.As a consequence,it brings couples' joint equity encounter with many obstacles when splitting because of the different opinions on the content of stock ownership and the joint stock ownership of couples in the theoretical and practical circles.We adopt the method in this article of putting forward the problem,analyzing the problem,and solving the problem.One by one by reading the cases involving the joint ownership division of couples of a limited liability company within a certain time span,and refine several common and controversial issues in the division of the couples' equity,then,put forward our own ideas and improvement based on the "Marriage Law","Company Law" and related judicial interpretations,to promote the improvement and development of splitting of joint ownership of couples.In addition to the introduction and conclusion,this article consists of the following four parts:The first part is the current status of judicial practice and existing differences in the division of equity in divorce proceedings.The author retrieves the judgment documents related to the shareholding division of limited liability companies on Data analysis platform of law and Italian law of Peking University,and by reading the summary of the documents one by one to conclude the judicial status quo of the dispute over the division of equity indivorce proceedings.Then through the analysis of the status quo,the questions to be studied in this article are raised as to define whether the stock rights are common property of the couples,and whether the joint stock rights of the couples can be judged,how to divide the joint stock rights,and notice the special issues that need attention in the process of refereeing.The second part is the identification of the nature and scope of the couple's common property.There are two opinions named Affirmation and negation about whether the equity belongs to the husband and wife's common property.The author agrees with the "affirmation" that equity should be treated as the common property of the couples,and puts forward the rules and scope of the couples' joint stock.The third part is the division of the joint equity of the couple in the divorce proceedings.Currently in China,there are legislative gaps in the division of couple's shared equity,which leads to chaos in the division of equity in referees.There are also two views named"separation theory" and "indivisible theory in the theoretical circle.The author believes that the division of equity is fully justified,and provides further proposes specific procedures and methods for division of equity.The fourth part is the problems we should pay attention to in the process of splitting the joint stock ownership of the couple.It mainly elaborates from two aspects: one is the effect of the spouse's unauthorized transfer of the joint stock rights and the relief to the other spouse if the joint stock rights cannot be split.The second is the division of the couple's joint stock in the case of anonymous shareholders.The rights and obligations between the anonymous shareholder and the prominent shareholder shall be exercised by the signed holding agreement.The division of joint stock ownership of spouses among anonymous shareholders should be determined according to specific conditions and also comply with relevant laws and regulations.