Issue: № 6, 2024
Doi: https://doi.org/10.37634/efp.2024.6.22
Introduction. The paper is devoted to the study of the issue of the division of marital property, namely corporate rights, which is the least regulated at the legislative level. The purpose of the paper is to carry out further scientific research of theoretical and practical aspects of the legal regime for division of corporate rights of spouses under Ukrainian legislation. Results. The author analyzes the scientific approaches to the definition of the concept of corporate rights of spouses, and reveals the content and features of the presumption of joint property. The scientific study of the issue of the legal regime of marital property (corporate rights) offers various variations of further development of the approach to the division of marital property at the legislative and case law levels. The paper emphasizes that the property owned by a husband and wife in joint ownership and transferred to the authorized capital of a legal entity becomes the property of the latter and ceases to be the object of joint ownership of the spouses, while one of the spouses receives corporate rights and the other receives the right of claim. The author analyzes the impact of the decision of the Constitutional Court of Ukraine on private law relations, which changed the vector of development of the issue of joint marital property and its possible division. Within the framework of the issue of the legal regime of corporate rights of spouses, the author makes an excursion into the case law on this issue and traces the changes in case law regarding the possibility, procedure and object of division of corporate rights. Conclusion. The author comes to the conclusion that there is no clear legislative regulation of the legal institution of division of corporate rights of spouses, and the dynamic development of judicial practice which establishes different approaches to the practical solution of this issue.
Keywords : corporate rights, presumption of joint ownership, division of joint property, property relations of spouses
References:
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