Subject of Dispute: Division of Marital Property, including a vehicle, land plots, and a share in the authorized capital of a limited liability company.
Main Arguments of the Court:
1. Property acquired by the spouses during the marriage is presumed to be joint common property, regardless of whose name it is registered in.
2. The court deviated from previous judicial practice regarding the division of a contribution to the authorized capital, stating that one of the spouses may demand payment of the value of the share in the authorized capital, rather than the direct part of the contribution.
3. Funds contributed to the authorized capital of the company during the marriage are considered joint common property of the spouses, and the company becomes the owner of these funds.
Court Decision: Partial satisfaction of the cassation appeal by modifying the reasoning part of the court decision, while leaving the previous court decisions on the merits unchanged.
