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伴随我国家族企业的兴盛,及当下婚姻家庭破裂的司空见惯,在诸多离婚诉讼中因处置共同财产而对家族企业的股权、资产进行相应分割,是司法实践中常遇见的情形。若是夫妻双方在离婚协议中约定竞业禁止条款,对共同经营的企业进行生产、营销等业务分割,并约定任何一方不得经营与对方有竞争的业务,那么,该竞业禁止条款的性质如何?是否有效?特别是当一方违反约定时,违约金该如何裁判?
With the flourishing of the family business in our country and the common occurrence of the rupture of the marriage and family, the division of the equity and assets of the family business in many divorce proceedings for the disposal of joint property is a situation often encountered in judicial practice. If the husband and wife in the divorce agreement prohibits the terms of non-competition, the joint venture business production, marketing and other business segmentation, and agreed that either party shall not operate in competition with each other’s business, then the nature of the non-competition clause? Is effective? Especially when one party violates the agreement, how to rule the liquidated damages?