The new position of the Court of Cassation on legal norms of family law.
The cassation court appealed to the following issues in the civil case ԵԿԴ / 0779/02/10:
(1) Can an agreement between spouses, the subject of which is unclear, become the basis for termination of the right of one of the spouses to the right of joint ownership?
(2) Can an agreement on the alienation of a share in the charter capital of a limited liability company serve as a basis for the emergence of a right to a share if the rights arising from the agreement are not registered by the state?
The court of cassation stated that if the agreement between the spouses does not explicitly permit an explanation of the subject, it cannot serve as a basis for terminating the ownership of one of the spouses.
2) The court of cassation stated that the participant in the company has the right to alienate its share to another participant or to a third party, but the right to participate in the acquirer of the share will be deemed to have arisen from the moment of state registration. In addition, information about the participant, including the size of the share, must be entered into the register of participants in the company by the body that performs state registration of legal entities, and the change must be reflected in the charter of the company.
Thus, the Court of Cassation stated that, regardless of the internal relations of the limited liability company or potential participants, the right of the person acquiring the share arises only from the moment of registration in the company register, amendments to the charter of the company and its registration.