Point of law: what actions of a spouse with regard to the shares in a company, in which he is a member, may be regarded as a disposal of common property of spouses?

Ratio decidendi: the decision of the spouse to admit into the company a new member with a non-equivalent contribution into charter capital is effectively a transaction with respect to the common property of spouses and entails the reduction of the real value of spouse’s share in the company. Spouse’s leaving of the company with the subsequent transfer of the share to another member (or a third person) is also a disposal of common property of spouses and thus may be regarded as a transaction made in breach of para 2 of Art 35 of the Family Code. Such transactions  may be deemed invalid upon the suit of the other spouse or his (her) heir, if it is proved that the other party to the transaction  knew or clearly ought to know about the lack of consent from the other spouse to making such transaction.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.