Study on the Legal Effect and Relief of Unilateral Disposition of Couple's Joint Equity in a Limited Liability Company
The core of solving the problem of unilateral disposal of couple's joint equity lies in balancing the val-ue conflict between transaction security and marital property security protection.Considering the charac-ters based on shareholders,the joint ownership of couple's equity should be limited to the joint ownership of the shares.The determination of the subject exercising the right to dispose of equity will have different application results under the Company Law or the Marriage and Family Law,and in order to complete the connection between the two,it is necessary to use the management right of matrimonial community proper-ty as an institutional tool.Based on the interpretation and reconstruction of Articles 1060 and 1062 of the Civil Code,the rule of management right is established based on the principle of joint management,and the separate management of each party and the presumption of separate management of one party are ex-ceptions.In principle,the unilateral disposal of the couple's equity by the registrant spouse should be pre-sumed to be the sole management of the prominent party and constitute the right to dispose of it,but sub-ject to the restriction of the requirements of the bona fide counterparty.If the counterparty knows that the registrant spouse does not have the right to dispose of the equity alone or maliciously colludes with the reg-istrant spouse,and the registrant spouse disposes of the equity at an unreasonably low price or free of charge,the disposition shall be invalid.The anonymous party can remedy the unilateral disposition of the prominent party that abuses its presumptive management right through the division of joint property within marriage or divorce and the tort system.
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