Matrimonial Property and (or) Common Property of the Spouses: the Analysis of Modern Family and Civil Law

Abstract

The question of the relationship between the concepts of "matrimonial property" and "the common property of the spouses" in national family law is one of the most discussed. The current edition of Art. 34 of the Family Code of the Russian Federation and Art. 256 of the Civil Code of the Russian Federation use the concept of "matrimonial property" and "the common property of the spouses" as identical and equivalent. The author of the article, analyzing legislative and law enforcement practices, concludes that at the present stage of the development the spouses may receive income from not only labour and entrepreneurship, income from intellectual property, but also income from participation in corporate relations. The broad interpretation of the concept of "property" allows you to include in the common property of the spouses not only property provided by Ch. 2 Art. 34 of the Family Code of the Russian Federation, but also other assets, including certain kinds of limited real rights, property rights, as well as the general requirements of the debentures that are an integral part of married life. As a result, based on current legislation and judicial practice, the author of the article defends the view that with regard to the legal regulation of property relations of spouses it is advisable to use the term "common property of the spouses" as it most accurately and fully reflects the essence and the content of property acquired by spouses during their marriage.