Foreign experience review in legal regulating the transfer of rights to assets in case of participation in capital of business entities to one of the spouses in case of the divorce

Abstract

World statistics shows a steady trend towards of marriage at mature age. As a rule, in such cases parties (or one of the parties) already accumulate different kind of assets: real estate, movables, deposits, assets as participation in authorized capital of commercial organizations (shares, stocks), etc. The assets protection is the important life aspect of spouses. The prenuptial agreement conclusion is one of the ways of such protection. That’s allows confirming the agreement of the spouses on the property regime, as well as on the procedure for its division. Despite globalization trends, family law norms and the legislation of corporate legal relations regulation in the world community is not uniform. Usually they are also dispositive, providing the participants to choose their own option of legal relations behavior opportunity. The analysis of the foreign legislation and law enforcement experience of the transfer the ownership of the spouses assets in commercial organizations during the divorce could be useful for the national legislation of the Russian Federation development.