The Application of Provisions on Common Property Division and Provisions on Obligations as a Result of Unjustified Enrichment in Disputes Between Spouses over Collection of a Part of Profit Distributed by a Limited Liability Company

Abstract

The article deals with the issue of the rules applicable to resolving disputes between spouses on recovery of a part of the distributed profit of a limited liability company received by a spouse — a participant in a limited liability company. It is concluded that the recovery of the spouse (ex-spouse) with spouse (ex-spouse), the shares of part of the distributed profit belonging to the common property, shall be in accordance with the norms of family law on the division of common property, and not the civil law on obligations due to unjust enrichment.