The Limits Of The Corporate Rights Of Spouses

  • V.M. Pozniak
Keywords: limits of realization, corporate rights, spouses, contract, law, marriage contract, founding contract, corporate contract.

Abstract

The article reveals scientific approaches to the concept of the limits of corporate rights. It is determined that the limits of the exercise of subjective corporate law are the general principles of private law and acts of legislative, local and individual regulation, aimed at determining the ways of exercising corporate rights. Based on the analysis of the general limits of the exercise of civil rights, the question of the limits of the exercise of corporate rights of spouses is revealed. It is established that the right to demand payment of dividends and assets in the liquidation of a legal entity as property components of subjective corporate law arises in one of the spouses - a participant to a corporate legal entity after the exercise of non-property subjective corporate right to participate. This leads to the transformation of the subjective corporate right of the participant into the right to claim from the legal entity the obligation to take action to pay dividends and / or assets of the latter. The spouse who is not a member of a corporate legal entity is entitled only to property corporate rights, which have been transformed into the right to demand payment of the relevant funds.

It is determined that in corporate and family law the limits of the exercise of rights and obligations are determined not only by law but also by contract. Contractual regulation of the exercise of family and corporate rights of spouses provides for the possibility of concluding a marriage contract, a contract for the establishment of a legal entity, a corporate contract, etc. The difference between a marriage contract and other agreements is that it provides an opportunity to change the legal regime of joint joint ownership of the spouses and / or to determine the conditions of its transfer to corporate ownership. The founding treaty regulates the rights and obligations of the founders, aimed at creating a corporate legal entity type and definition of the legal regime of corporate ownership, and the corporate agreement is aimed at managing the corporate rights exercised by the participants of the corporate legal entity.

Published
2021-05-16