摘要
近年来,离婚时对夫妻一方持股情况下夫妻共有股权的分割成为司法实务的难点。分析现行法律规定的疏漏与不协调,以及夫妻利益平衡与有限公司人合性保护等价值的冲突及衡量,有利于构建出该问题的解决规则。
In recent years the division of the legally co-shared stock rights in the hands of one party of the couple has become a difficult issue in judicial practice.In the existing law,regulation omissions and discordance,the conflict of and the measurement between the balance of the benefits of both the husband and the wife and the values of protecting the collaboration of human resources of a limited liability company can be found.In divorce lawsuits,it is suggested that when one party of the couple is hold the stock which should be legally shared by both parties the division of this co-shared stock rights should be handled separately with the consideration of all the different occasions.In making judicial judgments,it is recommended that efforts should be made to achieve the balance of the interest of both the husband and the wife,that adequate attention should be paid to the relevant regulations of protecting the collaboration of human resources of a limited liability company,that is,priority protection of the interest of the common share holders of the company should be stressed.
出处
《湘南学院学报》
2010年第4期37-40,共4页
Journal of Xiangnan University
