Consideration and resolution of family and corporate disputes: procedural problems

The common property of the spouses may include shares or shares in the authorized capital of the company, therefore, various procedural problems related to family and corporate law arise in the practice of the courts.

Purpose of the work: on the basis of doctrinal and empirical analysis to resolve some procedural problems in the consideration and resolution of family-corporate disputes.

Brief conclusions. When considering a dispute on the division of a share in a company, the court should bring up for discussion the issue of the possibility of obtaining compensation for it, which can prevent further corporate disputes. The fact of the presence of a prohibitive clause in the charter of a legal entity should not be included in the subject of proof in a family dispute on the division of a shares. The presence of a court decision on the recognition of ownership of a part of the share and the disagreement of other participants in the corporation serves as the basis for paying the actual value of the shares. The spouse has the right to apply to the arbitration court to challenge the corporate decision if he violates his property right, but in this case an increased standard of proof will apply, since the plaintiff is obliged to provide indisputably evidence of the disagreement at the time of the legal actions, their economic inexpediency.