COMMON PROPERTY OF SPOUSES IN BUSINESS COMPANIES ON THE EXAMPLE OF A LIMITED LIABILITY COMPANY

I. Subbotin
2021
This article discusses the main problems of common property of spouses, one of whom is a member of a limited liability company, arising in the process of disposing of this share. This situation is considered in the context of the common property of the spouses, when the share in the authorized capital of a limited liability company is acquired at the time of marriage, as a result of which it is part of the common property of the spouses. The author analyzes the current judicial practice. Based
more » ... al practice. Based on the study of judicial practice, regulatory documents and opinions of the scientific community, it is concluded that the greatest difficulty in such cases is the fact that they are simultaneously subject to regulation by the norms of both family and corporate legislation. In addition, legislative initiatives on mandatory notarization of transactions with shares in the authorized capital of a limited liability company are analyzed.
doi:10.24412/9215-0365-2021-67-5-43-45 fatcat:xgbzwkguh5c7bjytazxqzf3a4i