Khodak S. Implementation of the spouse’s interest in the division of corporate rights

DOI: 10.33098/2078-6670.2022.14.26.137-143

Purpose. The purpose of the study is to solve the scientific problem, which consists in the doctrinal development of the regulation of interests in family law, in the division of corporate rights. In his article, the author raises the problem of high-quality legal provision and protection of family legal interests when one of the spouses has corporate rights.

Methodology. Among the philosophical, general scientific and special scientific methods, the following were used: the logical-semantic method for in-depth clarification of the criteria for the division of interests in family law, the formal-logical and systemic-structural methods used in the presentation of judgments, analysis of the content of current legal acts of family law legislation, on the basis of which legal regulation of the construction of interest in family law is carried out. The scientific novelty is that the article improves the concept that the balance of interests of each individual family member is formed in compliance with the principle of equality.

The provision has been established that when spouses contribute their joint property to the statutory fund of a corporate-type legal entity, the property legal relations existing between the spouses regarding property ownership are transformed into binding legal relations.

It is argued that interference with the right of ownership during the division of the property of the spouses, which has significantly increased in value as a result of joint labor or monetary costs, can be justified if the balance of the interests of the spouses is observed.Attention is drawn to the fact that the authorized capital and property of a private enterprise, formed at the expense of joint co-ownership of spouses, is the object of their joint co-ownership.

The article further developed the proposition that interest plays a key role in establishing a legal relationship, namely, whether the contract is concluded in the interests of the family or not

The results. The author investigated the role of interest in the division of corporate rights, analyzed the relations that arise between spouses regarding the contribution of joint property to the authorized capital of a legal entity. Practical significance. The results of the research can be used in law-making activities to improve legislation in the field of legal regulation of the category of interest; in the educational process – during the development of teaching aids, methodical materials from the educational discipline “Family Law of Ukraine”.

Key words: interest, property interests, non-property interests, related rights, corporate rights.

References

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