股权利益分离视角下夫妻共有股权归属与行使

On the Ownership and Exercise of Marital Joint Stock Rights from thePerspective of Equity Interests Separation

夫妻股权的取得与变动因适用商事法与家事法而产生不同的法律效果:前者规定由公示方行使股权;后者则规定夫妻双方对于共同财产均有平等的处理权,其主要分歧点在于法官对于夫妻股权共有客体之证成。在坚持股权权益分离的视角下,明确夫妻双方基于夫妻共同财产制共同享有股权财产权益与收益,并界定股权所蕴含的人身性权益与财产性权益变动的时间节点,将夫妻股权的行使与转让以及在配偶权利受损的背景下的股权分割予以明晰,将促进夫妻共同财产制与公司的股权制度适用规则的衔接。

The acquisition and change of marital equity have different legal effects due to the application of commercial law and family law,where the former stipulates that the equity is exercised by by the party disclosed in public records and the latter stipulates that both spouses have equal rights to manage common property,and the main difference lies in the judge s verification of the joint ownership subject of the marital equity.From the perspective of adhering to the separation of equity rights and interests,it is clear that both husband and wife share equity property rights and benefits based on the joint property system of husband and wife,and define the time nodes for the changes in personal and property rights contained in equity.This clarifies the exercise and transfer of marital equity,as well as the division of equity in the context of impaired spouse rights,thereby bridging the joint property regime of spouses with the applicable rules of corporate equity systems.