Особливості визначення поняття частки у статутному капіталі господарських товариств та її спадкування / Features of the Definition of the Concept of a Stake in the Authorized Capital of Business Associations and its Inheritance
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 47, Issue
Abstract
The article deals with the problem of the current civil law of Ukraine regarding the legal nature of the stake of the participant of the economic partnership and its inheritance. Because of the fact that the particle category is rather problematic, as the legislation does not give it a clear definition, and there are discussions between scientists on this issue, the article is intended to determine the stake in the authorized capital of business associations and its relation with the right to participate in a business community. First of all, the legislation of other countries (namely Italy, Germany, and Great Britain) is investigated; the history of the emergence of the concept of "stake in the authorized capital of an economic partnership" is indicated. In order to understand the conception of the stake of a participant in an economic partnership, its explanation was provided through the current legislation of Ukraine (Commercial Code). Positions of the Civil Code were reviewed on the inheritance of the stake, provided for consideration of the question of a contradiction between the provisions of the law and legal practice. Two controversial thoughts of Ukrainian lawyers on this issue are taken into account and analyzed, I.V. Spasibo-Fateyeva and V.M. Kravchuk, expressed a favor to one of them. The position on the issue of alienation of a stake was substantiated and its legislative consolidation as an object of civil law. In addition, the features of the inheritance of the stake to the authorized capital of a business partnership were determined, were considered the question about differences between right on stake as security of the legal rights and rights to participation a business partnership as kind of rights. Because of the fact that there is no finally position among the lawyers on this issue nowadays, was made the conclusion about the lack of legislative regulation of meaning “stake in the authorized capital of an economic partnership" and its inheritance. Solution to this problem was proposed through the inclusion in the Civil Code of the stake as a special kind of property and granting it the status of civil law object.
Authors and Affiliations
Dariia Kucherenko
Keywords
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