PROBLEMS OF ENSURING THE PROTECTION OF THE RIGHTS OF SPOUSES IN THE IMPLEMENTATION OF THEIR FAMILY BUSINESS (FAMILY BUSINESS)

Abstract

Purpose of the study. In the article, the author considers the categories of "family business" and "family entrepreneurship", reveals their essence, social purpose, systematizes their similarities and differences. The author comes to the conclusion that the absence in the law of a fixed legal status for such forms of doing business does not allow to accurately differentiate the transactions of spouses-entrepreneurs carried out in the field of family and civil relations, which does not allow their participants to be provided with systemic protection. The author presents criteria that make it possible to distinguish between the forms of participation of spouses - entrepreneurs in corporate relations, determines the significance of the status of a spouse - an entrepreneur for the implementation of transactions aimed at alienating property that is their joint property, systematizes the problems of law enforcement of the norms of family and civil legislation of the Russian Federation, which make it difficult for spouses to make transactions in the sphere of business relations, ways and means of their solution are proposed in order to ensure the protection of spouses, their property interests.