婚姻存续期间夫妻一方转让股权的行为效力

Effect of Transfer of Equity by One Spouse during the Marriage

摘要: 近年来，涉及夫妻婚后购买股权的纠纷逐渐增多，引发纠纷的关键点在于我国婚姻法对于夫妻财产基于家庭伦理的规范与商法对于交易效率与安全的价值取向及相关制度构建存在差异。在解决相关问题时，应当遵循区分内外部关系的原则，夫妻婚后购买股权应属于夫妻共同财产，但在涉及外部关系时，应当由公示一方行使相关权利，公示方单方处分股权应当认定为有权处分，但同时需要考虑第三方是否为善意。

Abstract: In recent years, disputes involving the purchase of equity by spouse(s) during the marriage have gradually increased. The key point causing disputes is that there are differences between the norms of marital property based on family ethics in China’s marriage law and the value orientation and relevant system construction of commercial law for transaction efficiency and safety. When solving relevant problems, we should follow the principle of distinguishing internal and external relations. The equity purchased by spouse(s) during the marriage should be regarded as the community property of the couple, but when involving external relations, the party registered as the shareholder should exercise the relevant rights, and the unilateral disposal of equity by such party should be recognized as the effective disposition, but meanwhile, whether the third party is in good faith should be taken into consideration.