A Study On The Value Conflict Of Disputes Over Joint Stock Rights Between Husband And Wife

Marriage and family law embodies the close combination of identity system and property system.Under the circumstance of diversified means of family property investment,the disputes about joint ownership of husband and wife in judicial practice are increasing day by day.Equity is a comprehensive right with property rights and personal rights,and the exercise of its rights will have a wide impact on the interests of third parties and creditors,but also on the stability of the commercial society.Because the Civil Code and the Company Law have not made clear provisions on the relevant issues such as co-ownership,and the theoretical and practical circles have not reached a consensus on the discussion of this issue,so that the judicial practice of the judgment is not uniform,the identification of joint ownership of husband and wife and the exercise of rights is increasingly difficult.By analyzing typical cases of marital common stock disputes in judicial practice,this paper summarizes and analyzes the current focuses of disputes concerning such disputes in our country.First,whether the stock rights are the common property of the husband and wife;second,whether the behavior of registering one party’s shareholder transferring stock rights alone is effective.Through the analysis of different theories on the nature of equity,it is clear that equity is a comprehensive right with both personal rights and property rights.In our country,the stock rights can be shared between husband and wife.The application of implied delegation theory and stock interest separation theory provides theoretical support for the husband and wife.There is value conflict in the dispute of joint ownership between husband and wife,which is mainly reflected in the legislative difference between the Civil Code and the Company Law and the different value choice between the civil law and the commercial law.According to the Civil Code,the right of common equity is exercised by both husband and wife.According to the Company Law,the equity can only be exercised by the shareholder of the registered party alone,and there are legislative differences between them.The concept of civil law is to protect family property and maintain the interests of the marriage community,and to pursue the substantive justice of the rights and obligations of both husband and wife.Commercial law pursues transaction safety and transaction efficiency with the concept of commercial externalism.The limited liability company organization pursues the autonomy of the company’s will with the characteristic of human compatibility.In the issue of joint ownership of husband and wife,it involves the conflict between the concept of safeguarding the interests of marriage and family,the concept of commercial externalism and the characteristics of corporate organization,and then manifests as the value coordination between protecting the common property of husband and wife,protecting the efficiency and security of transactions and ensuring the autonomy of the company.In order to coordinate the value conflict effectively,this paper discusses the coordination between the commercial trial thinking and the civil trial thinking and the design of the specific system of the coordination conflict.In the coordination of judicial thinking,the internal and external conflict regulation ideas should be insisted to achieve the connection between civil law and company law.The concrete measures for conflict coordination are formulated from four aspects: identification,registration,right exercise and right relief.In terms of the recognition of common equity,civil law and company law make clear provisions on common equity,supplemented by judicial interpretation and allow the husband and wife to agree on the ownership of equity.In the registration of joint ownership,we can declare the status of joint ownership by establishing the registration system of joint ownership of husband and wife,establishing the open business account book system and implementing the joint property management system of husband and wife.In terms of the exercise of the common shares,the parties may determine the exercise of the common shares by the representative through negotiation,and taking into account the compatibility of the company’s organizational personnel,the exercise of the shares shall be conducted solely by the registered shareholders,except for the spouses confirmed by the company.In the aspect of the right relief of common equity,it includes the application of specific rules such as reversing the burden of proof,perfecting the bona fide acquisition of equity,strengthening the preservation mechanism of common equity and claiming liability for tort damages.To deal with the dispute of joint ownership of husband and wife,it is necessary to fully take into account the fundamental differences between the rules of the marriage property Law of the Civil Code and the legal value orientation of the commercial appearance of the Company Law,so as to seek balanced coordination and effective protection of the property rights and interests of the transaction counterpart,the registered party and the spouse of the non-registered party in the family context.