FEATURES OF THE LEGAL REGIME OF THE PROPERTY OF SPOUSES

Abstract

The article examines the most problematic and controversial aspects of the legal regulation of relations between spouses. Despite the fact that the legislation regulating family relations in Russia was adopted many years ago, the process of building an optimal legal model of property relations between spouses is not over. The purpose of the presented research is to identify problematic issues in the regulation of property relations of spouses and to determine possible ways to resolve them. The content and structure of the legal institution of the spouses' property determining its regime are investigated. The most problematic areas of marital property relations are highlighted, the regulation of which is currently insufficiently effective. The approaches used in the world law-making and law enforcement practice are investigated, the possibility of their successful application in the Russian legal field is evaluated. Conclusions are drawn about the existing legislative gaps in the regulation of many property relations of spouses. The author pays special attention to the regulation of the procedure for changing the legal regime of the spouses' property. It is shown that in law enforcement practice, it is unreasonably allowed to change the legal regime of the property of spouses as a consequence of a number of civil law transactions involving spouses. This approach is considered by the author as not conforming to the law. Proposals have been made to improve regulatory regulation and law enforcement practice to resolve the most controversial issues of changing the legal regime with the property of spouses. Keywords: PROPERTY RIGHTS OF SPOUSES, LEGAL AND CONTRACTUAL REGIMES