离婚时夫妻共有股权分割研究
发布时间：2019-04-04 17:30
【摘要】：夫妻将其共同财产出资于公司,由此换取公司的股东资格,并基于股东资格享有股东权利和义务,以达到管理公司、参与分红、使财富升值的目的。一旦夫妻间出现离婚纠纷,分割夫妻共有股权就显得迫在眉睫。同时,出于夫妻双方对彼此投资经营知识、社会地位差异的认识及考虑,选择将以共同财产出资于有限公司所得的股权登记在夫妻一方名下的家庭不在少数。而这一问题的处理,即离婚时如何分割登记在夫妻一方名下的共有股权的问题,显得尤为棘手。与其他情形(指夫妻将共同财产用于购买股份有限公司可以自由流通的股票,以及夫妻将共同财产出资于有限责任公司且均被登记为公司股东两种情形)相比,这一问题的处理,除了牵涉夫妻双方的利益平衡外,还关系着有限公司其他股东的利益及公司本身的稳定性。换言之,从微观层面上而言,它既是一个婚姻家庭领域如何分配夫妻共有财产的问题,也是一个公司法上如何平衡公司资合性与人合性的问题;同时,将其置于宏观层面上,它还反映着民法上的财产共有理论与商法上的股权共有理论如何衔接与融合的问题。遗憾的是,无论从立法、实践抑或学理上,各界对此问题都无统一说法,致使涉及离婚时该类股权如何处理众说纷纭,不利于保护案件相关方的利益。究其根本,原因在于我国对股权共有制度规定的缺失。本文欲对此问题进行深入研究,以期能梳理出夫妻婚姻关系破裂时,登记在一方名下的有限公司共有股权应如何分割的思路,做到既能平衡夫妻双方的利益,又不致损害有限公司其他股东的利益,以及有限公司自身的稳定发展。
[Abstract]:The husband and wife invest their joint property in the company in exchange for the company's shareholder qualification and enjoy the rights and obligations of shareholders on the basis of shareholder qualification in order to achieve the purpose of managing the company, participating in the dividend sharing, and making the wealth appreciate. Once there is a divorce dispute between husband and wife, it is urgent to split the joint ownership of husband and wife. At the same time, due to the understanding and consideration of mutual investment and management knowledge and social status difference between husband and wife, there are not a few families who choose to register the shares that will be invested in the joint property in the limited company in the name of the husband and wife. Dealing with this problem, that is, how to split the joint ownership registered in the husband and wife at the time of divorce, appears to be particularly difficult. In contrast to other circumstances in which the husband and wife use their common property for the purchase of shares freely available in a joint stock limited company, and where the husband and wife contribute their joint property to a limited liability company and are registered as shareholders of the company, In addition to the balance of interests between husband and wife, the treatment of this problem is related to the interests of other shareholders and the stability of the company itself. In other words, on the microcosmic level, it is not only the problem of how to distribute the common property between husband and wife in the field of marriage and family, but also the question of how to balance the corporate capital and the person in the company law. At the same time, put it on the macro-level, it also reflects the civil law of property sharing theory and commercial law of the joint ownership theory how to connect and merge. Unfortunately, no matter in terms of legislation, practice or theory, there is no uniform view on this issue, which leads to different opinions on how to deal with this kind of equity when it comes to divorce, which is not conducive to protecting the interests of the parties involved in the case. The fundamental reason lies in the lack of common ownership system in our country. The purpose of this paper is to study this problem in depth in order to find out how to divide the common shares of a company registered in one party's name when the marital relationship breaks down, so as to balance the interests of both husband and wife. Without prejudice to the interests of other shareholders of the limited company, as well as the stable development of the limited company itself.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.291.91
本文编号：2454020
[Abstract]:The husband and wife invest their joint property in the company in exchange for the company's shareholder qualification and enjoy the rights and obligations of shareholders on the basis of shareholder qualification in order to achieve the purpose of managing the company, participating in the dividend sharing, and making the wealth appreciate. Once there is a divorce dispute between husband and wife, it is urgent to split the joint ownership of husband and wife. At the same time, due to the understanding and consideration of mutual investment and management knowledge and social status difference between husband and wife, there are not a few families who choose to register the shares that will be invested in the joint property in the limited company in the name of the husband and wife. Dealing with this problem, that is, how to split the joint ownership registered in the husband and wife at the time of divorce, appears to be particularly difficult. In contrast to other circumstances in which the husband and wife use their common property for the purchase of shares freely available in a joint stock limited company, and where the husband and wife contribute their joint property to a limited liability company and are registered as shareholders of the company, In addition to the balance of interests between husband and wife, the treatment of this problem is related to the interests of other shareholders and the stability of the company itself. In other words, on the microcosmic level, it is not only the problem of how to distribute the common property between husband and wife in the field of marriage and family, but also the question of how to balance the corporate capital and the person in the company law. At the same time, put it on the macro-level, it also reflects the civil law of property sharing theory and commercial law of the joint ownership theory how to connect and merge. Unfortunately, no matter in terms of legislation, practice or theory, there is no uniform view on this issue, which leads to different opinions on how to deal with this kind of equity when it comes to divorce, which is not conducive to protecting the interests of the parties involved in the case. The fundamental reason lies in the lack of common ownership system in our country. The purpose of this paper is to study this problem in depth in order to find out how to divide the common shares of a company registered in one party's name when the marital relationship breaks down, so as to balance the interests of both husband and wife. Without prejudice to the interests of other shareholders of the limited company, as well as the stable development of the limited company itself.
【学位授予单位】：中国青年政治学院
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.291.91
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