(Source: 21st Century Business Herald 2024-01-18)
The ownership of husband and wife w88 online casino betting is a complex issue in legal practice, especially in the common and special corporate form of "husband and wife store".
The "co-property system of husband and wife" collides with the modern corporate structure. When the husband and wife break up, the issue of w88 online casino betting transfer and w88 online casino betting division becomes a judicial difficulty. At this time, is it to protect the special family property between husband and wife or respect market transactions, and the resulting property disputes continue.
In the past three years, the first-instance marriage and family inheritance dispute cases concluded by courts across the country have reached about 2 million each year, of which divorce dispute cases account for nearly 80% of all family cases. In these divorce disputes, property division has become the focus, showing new characteristics of increasing the amount of the subject matter involved and diversifying the types of property.
To meet this challenge, on January 15, 2025, the Supreme People's Court promulgated the "Interpretation on the Application of Marriage and Family Chapter of the People's Republic of China (II)" [hereinafter referred to as "Interpretation (II)"], which Articles 9 and 10 made detailed provisions on w88 online casino betting issues in the division of husband and wife's property, providing judicial answers to the difficulties in the ownership of limited liability companies in husband and wife's property.
Does the spouse's consent be required for the external transfer of w88 online casino betting?
Article 9 of the "Interpretation (II)" stipulates the effectiveness of the w88 online casino betting in the name of one spouse's unilateral transfer.The provision points out that if one spouse transfers w88 online casino betting shares of a limited liability company that is invested with the joint property of the couple but registered in his or her own name, and the other party requests to confirm that the w88 online casino betting transfer contract is invalid without his or her consent, the people's court will not support it, except where there is evidence that the transferor and the transferee maliciously collude to harm the legitimate rights and interests of the other party.
So, will one spouse sign an w88 online casino betting transfer contract be invalid without the consent of the spouse?
Lawyer Zhang Ying, a partner of Beijing Haotian (Xi'an) Law Firm, said in an interview with a reporter from 21st Century Business Herald that if the w88 online casino betting transfer act does not infringe on the interests of the spouse, the w88 online casino betting transfer contract will generally not be invalid. If the party holding the shares maliciously colludes with a third party, harming the interests of the spouse of the party not directly holding the shares, legal consequences may occur if the w88 online casino betting transfer is invalid.
Lou Qiuran, assistant dean and associate professor of the School of Law of the University of International Business and EconomicsFurther explain the reasons behind this provision.He said that this provision reflects respect for commercial appearanceism in civil law.For example, a couple jointly invested in a company, but the company's w88 online casino betting was only registered in one party's name. At this time, for a third party, whether it is checking the shareholder register, company articles of association or industrial and commercial registration, you can only see the appearance of w88 online casino betting belonging to one person.
At the same time, Article 9 also stipulates that when the party holding the shares maliciously colludes with a third party, harming the interests of the spouse of the party not directly holding the shares, legal consequences may occur if the w88 online casino betting transfer is invalid.
Zhang Ying said: "In practice, this kind of collusion with a third party is very common. In the process of divorce litigation, we often encounter one party transfers the w88 online casino betting at a low price or even 0 yuan consideration that is significantly lower than the w88 online casino betting value, in order to achieve the purpose of transferring property, allowing the other party to have a less or no distinction." Previously, in an w88 online casino betting transfer divorce dispute published on the Judgment Document Network, one spouse transferred the company's w88 online casino betting valued at that time of 5 million yuan to others at an unreasonable low price of 600,000 yuan during the period of preparing for divorce.
How to divide the w88 online casino betting of "husband and wife store"
Article 10 of the "Interpretation (II)" stipulates the issue of w88 online casino betting division of "husband and wife stores".This article states that if a husband and wife invest in a limited liability company with joint property and are registered as shareholders, the two parties have no agreement on the ownership of the corresponding w88 online casino betting or the agreement is unclear. When divorce, if one party requests to determine the w88 online casino betting division ratio according to the respective capital contributions recorded in the shareholders' register or the company's articles of association, the people's court will not support it; for the parties' request to divide the joint property of the husband and wife, the people's court shall handle it in accordance with Article 1087 of the Civil Code.
Zhang Ying explained that the Civil Code has made provisions on the w88 online casino betting division of "husband and wife stores", but in practice, many people still directly regard industrial and commercial registration information as the basis for the husband and wife to make an agreement on the ownership of the shares, that is, the w88 online casino betting will belong to whom they are registered in. This misunderstanding leads to the fact that when divorce, both parties often have disputes over the issue of w88 online casino betting division.
Lou QiuranFurther pointing out that the "Interpretation (II)" once again emphasizes that whether the w88 online casino betting is registered in one or both spouses, when the couple divorces, the w88 online casino betting must still be divided according to the general provisions of the Civil Code. He said, "Unless the couple has an agreement before marriage, under normal circumstances, the couple should distribute the w88 online casino betting evenly. Of course, if one spouse is at fault, it should be divided into small or no shares in accordance with the provisions of the Civil Code."
It is worth noting that when the couple breaks up, the judicial process has adopted different methods of handling industrial and commercial registration in terms of external transfer of w88 online casino betting and internal division.For this,Lou QiuranExplanation that the reason for this difference is that during w88 online casino betting transfer, in order to protect transaction security and maintain transaction order, the "Interpretation (II)" provides protection to a bona fide third party in accordance with the w88 online casino betting registration situation. However, in the case of divorced property division between husband and wife, there is no need to protect transaction security and maintain transaction order, so the division should be carried out according to the real status of the property rather than the registration status.
A spokesperson for the News Bureau of the Supreme People's Court stated that the "Interpretation (II)" has been reviewed and approved by the Supreme People's Court Judicial Committee and will be officially implemented from February 1, 2025.
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