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Features of spouses’ property division in case of divorce

Statistics say, every second marriage in Ukraine ends up in divorce. In such a case, the spouses often face legal issues regarding the division of common property. In this article we cover the procedure of division of common spouse’s property, types property which is considered to be common spouse’s property, the procedure of division of real estate objects, cases in which the principle of equality of spouses’ shares in property changes. The procedure of division of common spouses’ property in ...

Attorney’s recommendations on formalities associated with registering title on spouses’ property

This article would be of interest for those who come up with the legal issues of   the spouses’ property and protection of their property interests. What does the common spouses’ property includes? The legislation of Ukraine provides that the common spouses’ property include all the property acquired by the couple during the marriage irrelevant of the fact of the lack of own earnings for the good reason (study, housekeeping, child care, disease) which one of the spouses may suffer. Every ...

Lifting of the land moratorium in Ukraine. What are the risks of challenging current lease contracts in court?

After the lifting of the moratorium on the sale of agricultural land, land tenants may face the problem of challenging current land lease contracts. The vast majority of the land is leased now and the most lease contracts are long-term. According to the current legislation, the right to lease land is retained when its owner is changed. However, this fact does not prevent the new owner from the termination of the current contract in court, referring to the number of legal ...

Right of trust in Ukraine. What are the implications of this right for citizens and businesses

On 11 October 2019, the President of Ukraine signed Law No. 132-IX (hereinafter - the “Law”) that establishes security trust as a new security instrument. Security trust is aimed at minimizing the security-related risks of creditors, allowing them to get around obstacles with conventional security instruments in Ukraine, such as pledges and mortgages. Upon default, a trustee may sell property under trust ownership without restrictions. Debtor property under trust ownership is not included in the estate being liquidated; thus, the commencement ...

Breach of supply contracts. Important tips for foreign companies to protect interests in Ukrainian court

This article covers features of proceedings in Ukrainian courts in disputes arising from the international supply contracts. The most numerous disputes arising from the supply contracts are disputes over recovery of debts for supplied goods. The Law of Ukraine "On Private International Law", the Code of Commercial Procedure of Ukraine provides for cases in which Ukrainian courts may commence proceedings and resolve cases involving foreign companies. In particular, the following cases can be attributed to disputes arising from supply contracts ...