Abstract

The article outlines certain aspects of the application of the rules of family law on the division of debt obligations arising in connection with the implementation of joint entrepreneurial activity by spouses. On the basis of interpretation of general provisions of private law the position on the possibility of attributing debts arising from entrepreneurial activities to the joint property of spouses in their division is substantiated. A number of problems complicating the equal and proportional participation of spouses in joint business, the distribution of debt obligations (proof of bad faith conduct of one of the spouses in connection with the emergence and performance of disputed credit obligations, significant improvements in the property acquired with borrowed funds under the mortgage agreement as a basis for attributing the mortgage obligation to joint) are highlighted; the need for the Russian Supreme Court to develop additional criteria and conditions allowing to unambiguously decide.

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