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Publication date: 27.05.2024
Division of Spouse Joint Property: The Great Chamber of the Supreme Court Decided on the Contribution to the Charter Capital of a Legal Entity
Introduction
The division of common joint property of spouses is one of the most difficult and at the same time the most common problems faced by Ukrainian courts. This issue becomes especially relevant in cases where one of the objects of division is a contribution to the authorized capital of a legal entity. The Grand Chamber of the Supreme Court of Ukraine recently passed an important decision that can significantly affect the practice of dividing such property.
Normative regulation
In accordance with Article 60 of the Family Code of Ukraine, joint property of spouses is property acquired by them during marriage, regardless of whose name it was acquired. This rule also applies to contributions to the authorized capital of legal entities, made at the expense of joint property of spouses.
Judicial practice
The latest decisions of the Supreme Court of Ukraine reflect the tendency to detail approaches to the division of contributions to the authorized capital. Previously, the courts often started from the principle of equal shares of spouses in joint property, but over time it became clear that this approach needs correction in cases where contributions to the authorized capital are concerned. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal analysis of the situation, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Decision of the Grand Chamber of the Supreme Court
In its recent decision, the Grand Chamber of the Supreme Court focused on the following key aspects:
Valuation of the contribution: The court determined that the contribution to the authorized capital, made at the expense of the joint property of the spouses, should be valued at the market value at the time of the case. This allows you to avoid underestimating or overestimating the value of the contribution, which could lead to an unfair division of property.
Share rights: The Grand Chamber emphasized that a share in the authorized capital of a legal entity, acquired by one of the spouses at the expense of joint property, is not his personal property. It is subject to division between spouses on common grounds.
Taking into account the contribution to business development: The court also recognized that the contribution of each spouse to business development should be taken into account when dividing the share in the authorized capital. For example, if one of the spouses was actively involved in the management of the company, this may be a reason to increase his share.
Conclusions
The decision of the Grand Chamber of the Supreme Court of Ukraine regarding the division of contributions to the authorized capital of legal entities in the context of the common joint property of spouses is an important step towards the unification of judicial practice. It ensures a fairer distribution of property and takes into account the interests of both parties.
This decision also emphasizes the need for a careful approach to assessing the value of contributions to the authorized capital and taking into account the contribution of each spouse to the development of the business. In the future, this may become the basis for further legislative changes in the field of family and corporate law.
Thus, the new decision of the Grand Chamber of the Supreme Court will contribute to a fairer resolution of disputes related to the division of common property of spouses and will ensure the protection of the rights of both parties in such cases.
