Problems of Ensuring the Protection of the Rights of Spouses in the Implementation of Their Family Business (Family Business)
- Authors: Letova N.V.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: Vol 16, No 1 (2023)
- Pages: 84-90
- Section: Private Law (Civil) Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/569068
- DOI: https://doi.org/10.33693/2072-3164-2023-16-1-084-090
- ID: 569068
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Abstract
Purpose of the study. In the article, the author considers the categories of "family business" and "family entrepreneurship", reveals their essence, social purpose, systematizes their similarities and differences. The author comes to the conclusion that the absence in the law of a fixed legal status for such forms of doing business does not allow to accurately differentiate the transactions of spouses-entrepreneurs carried out in the field of family and civil relations, which does not allow their participants to be provided with systemic protection.
The author presents criteria that make it possible to distinguish between the forms of participation of spouses - entrepreneurs in corporate relations, determines the significance of the status of a spouse - an entrepreneur for the implementation of transactions aimed at alienating property that is their joint property, systematizes the problems of law enforcement of the norms of family and civil legislation of the Russian Federation, which make it difficult for spouses to make transactions in the sphere of business relations, ways and means of their solution are proposed in order to ensure the protection of spouses, their property interests.
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About the authors
Natalia V. Letova
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: letovanv@mail.ru
ORCID iD: 0000-0001-7033-977X
Dr. Sci. (Law), Chief Researcher of the Procedural Law Sector
Russian Federation, MoscowReferences
- Levushkin A.N. Family matrimonial entrepreneurship and the sale of spouses' business under the laws of the Russian Federation // Laws of Russia: experience, analysis, practice. 2018. N 4. P. 25.
- Levushkin A.N. Unilateral expressions of will of spouses in property family legal relations: theory and practice of application // Laws of Russia: experience, analysis, practice. 2017. No. 12. P. 17.
- Maksimovich L.B. Family Law and Corporate Wars // Mergers and Acquisitions. 2006. N 3 (37). pp. 62 - 65.
- Chashkova S.Y. Ways to protect the property rights of spouses: interpretation of the provisions of family law by the Constitutional Court of the Russian Federation // Family and housing law. 2015. N 5. P. 26.
- Ershova I.V. Special legal regime for the activities of small and medium-sized businesses: doctrinal and legislative approaches // Journal of Entrepreneurial and Corporate Law. 2016. No. 2. P. 22-26.
- Ilyushina M.N., Chashkova S.Yu. Features of contractual forms of division of common property of spouses for entrepreneurial purposes // Laws of Russia: experience, analysis, practice. 2010. P. 25-33.
- Ershova I.V., Tolmacheva E.N. Division of shares between spouses: a look through the prism of the affiliation of a legal entity // Legal fate of business in the event of divorce and inheritance: monograph / otv. ed. I.V. Ershova, A.N. Levushkin. M.: Prospekt, 2020. P. 142.
- Levushkin A.N. Reform of family law: improving the structure of the Family Code of the Russian Federation and the legal regulation of individual marriage and family relations // Actual problems of Russian law. 2017. No. 5. P. 31-34.
- Letova N.V. Consequences of changing the marital status of spouses for business / Family business in the legal space of Russia: monograph / otv. ed. I.V. Ershova, A.N. Levushkin. Ch. 5, section 7. P. 519.
- Chashkova S.Y. The effectiveness of the national mechanism for the protection of certain property rights of minors to housing // Family and housing law. 2020. N 3. P. 29.
- Chernus N.Y., Voitovich E.P., Voronina S.V. Peculiarities of the division of certain types of matrimonial property // Proceedings of the Altai State University. 2017. N 6. P. 86.
- Pribrezhnyi S.G. The main directions of development of legal regulation of property relations of spouses in the Russian Federation / S.G. Coastal // Legal Advisor. 2017. N 11. P. 43 - 48.
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