Some Issues Concerning The Correlation Of Family And Corporate Legislation In The Sphere Of Property Relations Between Married Couple

  • Oleksandr Dzera
Keywords: a married couple; a legislative gap; common joint property; securities; shares; a share capital; a contribution; a private enterprise; a business partnership

Abstract

The article deals with some issues concerning the correlation of family and corporate legislation in the sphere of property relations between married couple. In particular, the author indicates the main features of the legal regime of marital property. Also the author focuses on the considerable number of gaps in legislation concerning the regulation of property relations between married couple. Thus, the question concerning the possibility of inclusion in joint property of husband and wife securities, in particular shares, is analyzed. The author made the conclusion about that fact a wife or a husband who isn’t a shareholder has some property rights regarding the shares which were issued by mutual funds of married couple. Also the article deals with the problem of the inclusion the contribution to the share capital of business partnership in the list of objects of married couple’s joint property. As a result the author made some propositions concerning the amendments to existing family legislation to overcome existing gaps.

References

1. Zhylynkova Y.V. Pravo sobstvennosti supruhov. – Khar’kov, «Ksylon», 1997. – S. 211 – 212.
2. The disallowance of bearer shares and the introduction of registered shares were first provided by the Law «On Joint Stock Companies» dated 17 September 2008.
3. Spasybo-Fatyeyeva. Tsyvilistyka: na shlyakhu formuvannya doktryn: vybr. nauk. pr./I.V.Spasybo-Fatyeyeva. – Kh.: Zoloti storinky, 2012. – S. 197 – 209.
Published
2019-06-11
Section
Articles