A Study On The Unilateral Disposition Of Husband And Wife’s Joint Stock Right

Couple the effectiveness of unilateral sanctions equity in the judicial practice,failing to reach an agreement that the debate over whether it is belong to the common property of husband and wife,and focus on the equity registration spouse can dispose of the problem alone.Equity has a dual characteristic of Ren Shen Xing and property,and its property right attribute in a core position,determines the shareholding can become the object of common property of husband and wife.The equity of acquired during the marriage without other special circumstances,are owned by the couple.Due to the husband and wife mutual relationship of equity lack of external publicity,and commercial law,the principle of public summons and trade conflicts between the trusty interest of a third person,and thus the effective disposition of equity of husband and wife should be set up double limit,shall be decided by both sides of husband and wife jointly within the relationship,and the exercise of equity abroad must have the name of the shareholder,the spouse can’t directly exercise their rights registration.The registration spouse has the legal status of dormant shareholders,couple decided unilaterally dispose equity,you may refer to the applicable rules of dormant shareholders shall be identified,can not only on the premise of admitted that equity mutual,respect the law of equity transfer procedural rules,protect the interests of the bona fide trading counterpart,achieve a reasonable balance the interests of all parties.Couples unilateral sanctions equity behavior belongs to have the right to dispose of,whether the behavior depends on whether the assignee in good effectively;For the disposal of equity on the implementation of creditor’s rights behavior effectiveness should be under the terms of the contract effectiveness and the company law provisions;For the registration of the interests of the spouse should be relieved by tort liability and the division of property.This article first from the analysis of the dual legal attribute,straightening out income during the marriage relationship equity in nature,attribution and dispose of the internal logic,solve the couple unilateral sanctions equity provided the beneficial train of thought to settle disputes.