Legal Regulation Of Corporate Rights Of Spouses Under The Contract

  • N.D. Vintoniak
Keywords: corporate rights, objects of joint property rights, contract, contractual regime of spouses' property.


The article is devoted to the question of legal regulation of corporate rights of spouses under the contract. In addition to the legal (legitimate) regime of the spouses' property, the legislation provides for the opportunity to regulate property relations, which are formed between them on the basis of a contract. Spouses may conclude a number of contracts stipulated by the Family Code of Ukraine both in relation to property, that is their personal private property, and in relation to property, that is a subject to the right of the joint property of spouses. Under the contractual regime of property, spouses independently establish the rights and obligations in property relations. Usually, spouses conclude a contract in case of divorce and division of property, so the conclusion of the contract is a prerequisite for avoiding legal disputes, which often arise about the division of the so-called “business”.

Given that corporate rights are a special object of legal regulation of relations under a contract, they require an analysis of the rules of family, civil and corporate law. The problem of legal regulation of corporate rights is particularly relevant, because with the development of a market economy, the objects of common joint ownership are increasingly transferred to the authorized capital of a corporate-type legal entity.