摘要
司法实践中,多数观点认为有限公司的股权应属于商法的私权范畴,其股东转让股权不需要股东配偶的同意,只需征得其他股东过半数同意。这种考量或忽视了夫妻身份关系的特殊性,或以建之于有限责任公司的人合性的股权,而排斥夫妻身份所应包含的法定财产共有原则。身份权所涉及的财产权利,应优于其他商事私权,司法实践以股权优于身份权的做法,从规范层面看,不合时宜。
In judicial practice,there are many opinions hold the view that the equity of a limited company should regulate by commercial law as a private righ. The shareholder's transfer of equity does not require his or her spouse consent,but only the consent of more than half of the other shareholders is required. This kind of consideration either is ignorance of the particularity of the relationship between husband and wife,or built on a limited liability company of the partnership which excludes the principle of statutory property common to husband and wife. From the normative perspective,the idea that the property rights involved in the right of identity should be superior to the private rights of other commercial righs,and the practice of equity in the judicial practice is superior to the right of identity are not accurate and appropriate.
出处
《时代法学》
2018年第4期87-93,共7页
Presentday Law Science
关键词
股东权利
家事代理
夫妻共同财产
股权转让
shareholder rights
family agency
joint property of husband and wife
equity transfer
