离婚诉讼中有限责任公司股权分割问题研究  

Research on Equity Division in a Limited Liability Company in Divorce Proceedings

作　　者：赵宋祺 

机构地区：[1]天津大学法学院,天津

出　　处：《社会科学前沿》2023年第10期5831-5839,共9页Advances in Social Sciences

摘　　要：随着我国经济和社会的发展,夫妻财产的形态日益多元化,而在离婚财产分割的诉讼中,有限责任公司股权的分割也逐渐成为一个热点问题。但由于相关法律规定过于单薄,且《民法典》及其司法解释和《公司法》衔接不畅,在实践中分割有限责任公司股权面临一些争议问题和诉讼困难。如对于只以夫妻一方名义出资的有限责任公司股权,是否为夫妻共有财产、登记方是否可以自主决定其转让等问题,不同的法院对此作出了不同的判决。以及在夫妻之间无法达成共识的情况下,是否可以强制进行股份分割,在实践判决中不同的法院意见相反、观点各异。另外,在夫妻股权分割的民事诉讼中,非股东方举证困难和保全困难等问题也存在影响公平分割夫妻间股权的可能性。本文分析了司法实践中的争议问题和分割困难背后的深层原因,并在此基础上根据最新的法律精神对争议问题进行回应;提出建立夫妻共有股权登记制度、细化夫妻双方的举证责任、健全股权保全制度等建议。通过文章的研究,期望能够帮助实践中分割问题的解决,促进夫妻双方利益的公平分配,同时维护有限责任公司的长期稳定发展。With the development of economy and society, the forms of matrimonial property in China become more diversified, and in the litigation of property division of divorce, the equity division of limited liability company has gradually become a hot issue. However, due to the weak legal provisions, and the Civil Code and its judicial interpretation are not well connected with the Company Law, in practice, the equity division of limited liability company is faced with some contentious issues and litigation difficulties. For example: whether the equity of a limited liability company invested by both parties only registered in the name of one party belongs to the joint property of husband and wife, and whether the registrant can decide the equity transfer by himself, different courts give different judgments. As well as in the case of the husband and wife whether can not be forced to split the equity when the two parties do not agree, in the practical judgment, different court opinions are opposite, different views. In addition, in the civil litigation of equity division between husband and wife, problems such as the difficulty of proof and preservation of non-shareholders also affect the possibility of equity division between husband and wife. In this paper, the author analyzes the deep reasons behind the controversial issues and segmentation difficulties in judicial practice, and on this basis, according to the latest legal spirit to respond to the controversial issues;some suggestions are put forward, such as establishing the husband and wife joint equity registration system, refining the burden of proof of both husband and wife, and perfecting the equity preservation system. Through the research of this paper, it is expected to help solve the problem of division in practice, promote the fair distribution of benefits between husband and wife, and maintain the long-term stable development of limited liability company.

关 键 词：有限责任公司 离婚诉讼 股权分割 

分 类 号：D92[政治法律—法学]