On The Legal Application Of Equity Transfer Of Spouse

With the rapid development of China’s market economy,people have higher requirements for their own wealth management.Under the advantages of limited liability and circulation,equity is favored as a new financial management method.In daily life,it is common for both husband and wife at the same time,or separately to obtain equity with joint property contribution.On the legal side of things,the joint equity transfer of husband and wife also involves a number of fields of branch law,such as the Marriage Law,the Company Law,the Contract Law and the Property Law.The handling of such cases is different between the marriage law and the commercial law to the degree of use of the law,the former emphasizes that the husband and wife "agree ",the latter requires to follow the publicity doctrine,appearanceism,by the public shareholders to exercise equity.Objectively,there is no absolute obligation for "transaction" to conduct a comprehensive investigation of the relevant information involved in each transaction.Therefore,the information asymmetry between the two parties is objective,and the transfer of equity is also a kind of transaction.There are some referees in the trial of the case,the transfer party’s relationship between husband and wife as an established legal fact,the mechanical identification of equity transferee should be in the transaction must explore the identity of the other party and other self-information.In fact,this approach is inappropriate.In the applicable regulations of the law,the case is characterized as a joint property dispute between husband and wife,or a general contract dispute,which is not uniformly stipulated.Therefore,the judge views on the application of marriage law and commercial law are inconsistent,which leads to the situation of "the same case,different trial results" in the result of equity transfer.The explored issues of the law application of one party’s equity transfer takes the real cases in judicial practice as the model and the cases encountered in the course of work as the starting point,as well as analyzes the legal attributes of equity transfer,the form of joint ownership of husband and wife,and the conflict and integration of marriage law and commercial law.The legal analysis of the joint equity transfer between husband and wife is carried out from three aspects: equity,equity transfer and joint ownership.Through the legal application of this argument,comprehensive evaluation of the advantages and disadvantages of commercial law and marriage law,determine that in the existing social environment,based on the application of commercial law rules,marriage law as a supplementary conclusion.In the end,this paper puts forward some suggestions,which from the value orientation of marriage law and commercial law in the applicable law,equity of form cognition and suggestion to improve the self coordination ability,on the problems encountered in the transfer of joint equity.