Family Business Through The Prism Of Corporate Rights 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.
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