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Contestation of transactions by spouses


Tatiana Starikova, Advocate, Head of Private Clients’ Practice of the Law Firm "YUST"
Igor Kostennikov, Lawyer of the Law Firm "YUST"

Corporate Lawyer. №9. 2012

The development of market relations has affected the relations between the spouses in what is connected to the property owned by each of them as well as the property acquired jointly during the time of marriage. Ventures, securities, shares of the charter capital of limited liability companies, investment interests and other objects owned by the spouses may become subjects of a dispute. What should one spouse do if he/she becomes aware, that the other spouse has entered into a transaction of alienation of property without his/her consent?

  • Clause 2 of Article 35 of the Family Code of the Russian Federation: “When one spouse enters into a transaction of disposition of the spouses’ common property, such spouse is supposed to be acting with the consent of both spouses”.

Transactions with shares

The Review of Court Practice “Certain issues of court practice on civil cases of the Supreme Court of the Russian Federation” (hereinafter – the Review) says that no notarized consent by the other spouse is required for the execution of transactions with shares by one spouse. The reason for this is the following: introduction into the shareholders’ register of the entry on the new owner of the shares, who received the respective rights as a result of a transaction, according to the sense of clause 3 of Article 35 of the FCRF, is not registration of such transaction.

Execution by one spouse of transactions not included into the exhaustive list of clause 3 of Article 35 of the FCRF requires no notarized consent by the other spouse and no simple written consent.

However, it should be noted, that the execution by one spouse of a transaction of disposal of immovable property and of a transaction, which would require notarization or due legal registration, requires a notarized consent by the other spouse.

In such cases, how can the defrauded spouse defend him/herself from the ill-faith actions by the partner and restore the violated status quo? <…>

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