Family Business Through The Prism Of Corporate Rights Of Spouses

  • Nataliia Vintoniak
Keywords: family business, family company, family business, corporate rights, joint property of spouses


The article analyzes foreign and domestic sources for the definition of family business. There are different terms in the literature that are synonymous with “family business”, in particular, “family company”, “family enterprise”, “family firm”, etc. However, no term has a well-defined definition and has different approaches to interpretation. In Ukraine, an attempt was made to consolidate the concept of a family enterprise at the level of legislation. According to the author, there is no need for legislative consolidation of family enterprises as an organizational-legal form in Ukraine.
“Family business” in Ukraine is often viewed through the prism of corporate rights of spouses when it comes to determining the legal regime for shares, shares purchased for common funds or property. Juridical practice is full of disputes regarding the division of property between spouses, transferred to the charter capital of a private enterprise, limited liability company and other corporate entities. As the family character is present in various organizational and juridical forms of legal entities of corporate type, the author proposes to consolidate clear approaches to the legal regulation of corporate rights of spouses. In order to resolve this issue, it is necessary to take into account the rights and interests of each spouse and legal entity of a corporate type. In addition, the developed approach should be the same for all organizational and juridical forms and have the same application in judicial practice.


1. Kulinyak I. Ya. Family business: the essence of the concept / I. Ya. Kulinyak, O. V. Koshik // Scientific herald of NLTU of Ukraine. 2014. Issue 24.9 P. 390-394.
2. Sulkovsky L. Characteristics of Polish Family Small and Medium Enterprises / Lukash Sulkovsky // Marketing in Ukraine. 2012. № 5. S. 25-38.
3. Corporate Governance in Private and Family Companies: A Guide. Materials of the project «Improvement of corporate governance in the sector of small and medium business» / Author-compiler O. Okunev; К., 2012. С. 11 / URL:
4. IFC Corporate Governance in the Family Business: A Guide / S. Abuzaied, International Finance Corporation. P. 13 // Access mode:
5. European Family Business // URL:
6. Derid I.O. Family Business: Essence and Specificity in Different Countries of the World / Bulletin of the VN Karazin Kharkiv National University. Series: International Relations. Economy. Country Studies. Tourism. 2014. No. 1144, issue no. 3 (1). Pp. 101-104.
7. Solonenko Yu. V. Management of family business in a market economy / / Economics and management organization. 2016 No. 3 (23). Pp. 417-423.
8. Zhilinkova I. V. Corporate Relationships in the Matrimonial Matters / Legal Bulletin of Ukraine. 2008. No. 3. P. 6-7.
9. Bobrik V. I. Family Companies in Ukraine: Some Problems of Legal Regulation and Corporate Governance / Corporate Law of Ukraine and European Countries: Issues of Theory and Practice [text]: Collection of scientific papers on the materials of the XV International Scientific and Practical Conference (6-7 October 2017, Ivano-Frankivsk) / Research Institute of Private Law and Entrepreneurship acad. F. G. Burchak of the NALS of Ukraine; for ed. dr. in law sciences, acad. NALS of Ukraine V.V. Luts. Ivano-Frankivsk, 2017. 290 p.
10. Vasilieva V. A. Joint joint ownership of spouses and corporate rights // Corporate Laws [text]: Collection of scientific works on the materials of the All-Ukrainian Scientific and Practical Conference (27-28 September 2013, Ivano-Frankivsk) / Research Institute of Private Law and entrepreneurship after acad. F. Burchak, NALS of Ukraine; for ed. dr. law sciences, acad. NALS of Ukraine V.V. Luts. Ivano-Frankivsk, 2013. 231 p.