Research On The Legal Issues Of Disposal Of Couple’s Equity

The fairness and justice value of judicial trials is largely reflected in the neutrality of the trial of cases by the judges,and the neutrality is reflected in the standardization of trial standards and judgment results.Regarding disputes over the rights protection of the other spouse(non-shareholding spouse)caused by one spouse(the holding spouse)without the consent of the other spouse(non-holding spouse),the transfer of the equity obtained from the joint property investment of the spouse during the marriage relationship without authorization.Due to the current Marriage Law’s provisions on the joint property of husband and wife and the disposition of joint property and the provisions of the Commercial Law on equity transfer,there is a certain degree of legislative "blank",and the "blank" at the legislative level makes it difficult to reach such disputes in judicial practice.Trial consensus has formed two completely different trial ideas of "effectiveness" and "invalidity" between different courts or different judges.This article selects a classic case of husband and wife share equity transfer for analysis,in order to solve the judicial problem of "same case with different judgments" in this type of equity dispute,finds a unified path to resolve this type of dispute,defends the authority of justice,and make a small contribution."Equity" is essentially a comprehensive right that possesses both property rights and the right to participate in affairs.It is different from traditional property rights,creditor’s rights and other pure property rights.Equity rights include asset income rights,management rights and disposal rights.Therefore,in this sense,the "shared ownership" of "equity" by husband and wife is essentially only the joint investment of husband and wife in the company and the property income behind it,so equity is not the joint property of husband and wife.Based on this conclusion,it can be seen that the part of the “equity property rights” belonging to the non-shareholding spouse can be realized by allocating the transfer money after the holding spouse transfers the equity and obtains the transfer money.There is no need to break through the current "Company Law".Existing regulations on the effectiveness of equity transfers.According to the provisions of my country’s "Company Law",the exercise of "equity" without special authorization can only be exercised by shareholders on the shareholder register and the information in the equity registration formula.Non-shareholding spouses are not entitled to exercise the company’s equity.When judging the validity of the equity transfer agreement,in principle,the equity transfer agreement should be determined to be valid.When the company’s articles of association provide otherwise or the transferor and the transferee have malicious collusion to harm the interests of the non-shareholding spouse,the contract should be deemed invalid.