Vintoniak N. The legal regime of spouses’ corporate rights.

The thesis investigates relevant theoretical and practical problems regarding the increase of corporation’s authorized share capital by means of contributing marital property.The analyses of modern doctrine and practice of law has led to the development of legal approach to regulating the legal regime of spouses’ corporate rights. Both corporate and property relationships of the spouses have been characterized according to the set research objectives and goals. Therefore, it has been identified that only the spouse who is a company shareholder is entitled to ownership rights, whereas the other spouse is not. It has been justified that upon contributing marital property to the authorized share capital of the corporation which one of the spouses has ownership rights in, the rights of rem become the law of obligation (vinculum iuris).The issues of the legal regime of marital property as well as the essence of the legal regime of spouses’ corporate rights have been discussed. Due to its nature, subjective approach corporate law (which is regarded as an indivisible by its nature object) within the civil law framework is personified and therefore can be utilized in its entirety only by one of the spouses - the shareholder. It has been proved that corporate rights as the object of civil rights cannot be part of shared marital property (legal entity type is not relevant in this regard).It has been explained that the legal regime of spouses’ corporate rights is subject to special legal regime, namely transformation of property rights. For that of the spouses who is a company shareholder, the right to property, which is being contributed to the authorized share capital of the corporation, becomes corporate right. For the other spouse, the mentioned above rights become claim rights.