Property for recognition of a natural person-entrepreneur the object of common joint ownership of spouses and subject to division
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 3, Issue
Abstract
According to article 42 of the Constitution of Ukraine everyone has the right to entrepreneurial activity, which is not prohibited by law. This right means that everyone is free to choose whether to engage in entrepreneurial activity or not, focusing on their own desires and opportunities. In this case, the couple is no exception. It is not uncommon for a husband and wife to reach a consensus on the need to register a husband / wife as an individual entrepreneur in order to ensure a decent standard of living for their family. Unfortunately, the current legislation does not take into account that an entrepreneur can be an ordinary natural person, in which there are children, relatives and other family members and they can be connected not only by family relations, but also by property relations. The common joint property of the spouses is the object of many scientific studies. The study of this problem is devoted to the works of such scientists as: M. Antokolska, Ye.O. Kharitonov, O.V. Dzera, Yu.S. Chervonyi, O.M. Kalytenko, I.O. Safonchyk, etc. However, the issue of recognizing the property of an individual entrepreneur as the object of common joint property of the spouses and the subject of division was not given due attention. Only a few works reveal some aspects of this topic. The purpose of this scientific article is to study the issue of recognition of the property of an individual entrepreneur as an object of common joint property of spouses and the subject of division. The article deals with the issue of recognition of the property of an individual-entrepreneur by the object of joint joint ownership of the spouses and the subject of division. Scientific and legal analysis of current normative legal acts and scientific and theoretical sources on the given issue is carried out. It has been established that the property of an individual entrepreneur may be the object of joint ownership of the spouses and the object of separation between spouses in the event that such property was acquired during marriage for joint funds or joint work of the spouses. It is noted that at present the issue of recognition or non - recognition of the property of an individual entrepreneur as a common joint property requires a clear legislative settlement, since the regulations do not contain a direct answer to it.
Authors and Affiliations
Kseniia Veniaminovna Filatova
Keywords
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