Abstract:
There are essential differences in the purpose, content and interest relationship between the equity "transfer" caused by the agreement of Spousal property in the family scene and the equity transfer between market entities in the transaction field. Although there are conflicts between Civil Code and Company Law in the application of rules in the change of stock rights, there are also some proper ways to eliminate the conflicts in the theory of interpretation. The spouse of a shareholder is not "a person other than a shareholder". Except for the stipulated articles of association, the equity change based on the property agreement shall be transferred directly between husband and wife without being restricted by the consent right and preemptive right of other shareholders. However, based on the equity change mode of creditor's rights formalism, the shareholders and their spouses shall request the company to change the record of the register of shareholders in time and apply for the change registration to the company registration authority, and the company shall provide assistance and cooperation.