Property Of Spouses Research Articles

О некоторых вопросах создания наследственного фонда и имущественных правах пережившего супруга и других членов семьи наследодателя

The author of the article raises topical issues of the relationship between the provisions of the civil legislation of the Russian Federation on the inheritance fund and family legislation on the property of spouses, including the property rights of the surviving spouse.

Vybrané instituty rodinného práva po 10 letech platnosti nového občanského zákoníku

The content of this article corresponds to its name. The “new” Civil Code was in the Czech Republic published in 2012 and the article brings a summary of the most significant changes the new legal regulation brought to the field of family law. The article, specifically, deals with the practical realization of section no 688 of the Civil Code which lays down to a spouse a duty to inform his or her spouse about his/her property and income, as well as with the possibility to use the community property of spouses to achieve a payment of a debt of one spouse by the judicial enforcement. Finally, the article reminds the reader of the new regulation of change of child’s habitual residence.

Prijepori o sudskoj nadležnosti i poslovnim udjelima u svjetlu bračne stečevine

Companies and business shares are part of life. Certain ambiguities arise from the changing case law concerning the jurisdiction of the courts resolving issues regarding business shares when it comes to marital property, but also from inadequate legislation. This paper highlights the course of development of the legal regime concerning the property of spouses, which inevitably requires certain changes in terms of a stronger protection of spouses who are not members of the company, but may suffer great damage if business shares are acquired during the course of marriage. The constitutional requirement for the rule of law implies, inter alia, legal certainty which is not favoured by the current normative situation, marked by the fragmentation of court jurisdiction and legal norms regarding marital property, which is a family law institute. Certain changes in commercial and family law provisions, as well as in provisions governing court jurisdiction are necessary in order to avoid divergent treatment of different types of property belonging to spouses.

The Legal and Factual Function of the Family Law Agreements

The paper is devoted to the legal and factual function of the family law agreements. The paper analyzes the views concerning the legal and factual possibilities of agreements in general and family law agreements in particular. The author concludes that despite the fact that family law agreements are not independent grounds for the emergence of legal relations between its parties, they carry out the legal-factual function. The paper describes the legal-factual function with its inherent static and dynamic aspects manifested, among other things, in the ability of family law agreements to entail non-contractual consequences of a private and public legal nature: some agreements in family law are involved in the acquisition of a particular family legal status of persons participating in them; family law agreements are able to directly generate rights and obligations of its parties in relation to other persons; a family law agreement may affect the exercise of the rights of third parties in relation to its participants (or otherwise become a legally significant circumstance in relations with other persons). Since one of the practical tasks of experts is to determine the moment of occurrence of the legal consequences of making of a family law agreement, the author touches on the practical aspects of determining the moment of occurrence of legal consequences under a marriage contract and an agreement on the division of common property of spouses. The author thoroughly analyzes the deferred effect of the marriage agreement that, at the same time, brings specifics to the limitation period calculation for claims of invalidity of the marriage contract. The paper also considers the problem of determining the moment when the legal regime of immovable property (or other property, the rights to which are subject to registration) changes due to the conclusion of a marriage agreement or an agreement on the division of common property of spouses.

Inheritance of the common property of spouses under a joint will and inheritance contract

The article examines the special legal nature of a joint will of spouses and an inheritance contract with the participation of both spouses on the side of the testator, which can be both the basis for the inheritance of the spouses’ common property (inheritance-legal effect), and the basis for the emergence of property rights from the surviving spouse without inheritance (property legal effect). The systematic interpretation of the norms of civil law on a joint will (inheritance) contract leads the author to the conclusion that only the joint property of the spouses can be included in the inheritance mass under a joint will (inheritance contract with the participation of both spouses on the side of the testator).

Специфика судебных споров, связанных с внедоговорным разделом совместно нажитого имущества супругов

The purpose of the study is to consider the features of litigation affecting the division of jointly acquired property. Research objectives: to study the development of the institution of property rights of spouses, to con-sider the types of legal regimes of property of spouses, to identify the main features when considering family disputes over the division of jointly acquired property. I used general scientific methods (dialectical, logical, sys-tematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative le-gal, formal legal). The problems of the emergence and consolidation of the institution of the legal regime of property relations of spouses in family law are considered. It is concluded that in Russia the legal regime of the legal property of spouses is mainly applied. This is due to historical continuity and the recent emergence of a market economy. Legal mechanisms for protecting spouses (former spouses) in the framework of disputes with creditors of the debtor spouse are noted. The main problematic points related to the determination of the composition of jointly acquired property have been studied. Attention is drawn to the fact that a spouse (ex-spouse) can apply to the court with a request to invalidate a transaction for the sale of jointly acquired property without his consent. The main evidence on disputes related to the division of property is indicated, with the determination of the particular importance of forensic examination. The question of alternative ways of resolving the conflict is touched upon. A method is proposed to reduce the risks of the parties when concluding a settlement agreement on the division of jointly acquired property.

O «sfinkse russkogo prava»: fenomen legal'nogo zakrepleniya razdel'nosti imushchestva suprugov

The article examines the reasons for the legislative consolidation of the regime of separate property in the Russian Empire, analyzes both the historical works of civilists and modern law historians. The authors come to the conclusion that there are cumulative influences of historical factors on the formation of the institution of separation of the property of spouses, paying attention to modern approaches about the estate interest of saving property through the individualization of ownership of them.

Property, Property Solvency of Spouses and Their Joint Debts

In the Russian legal terminology, the term "property relations" is widely used. However, the category "property" in terms of its constituent elements, due to the absence of its legal definition in the Civil and Family Codes of the Russian Federation, is explained in different scientific contexts. In theory, debts are often named as one of the elements internally forming the property, along with things and property rights, and the relations of common property of spouses are no exception. The prospect of legalization of debts as a structural element of the property of spouses is considered in the draft Federal Law No. 835938-7 that proposes to make appropriate amendments to Art. 34 of the Civil Code of the RF IC, which gives rise to a special concern in identifying the legal nature of common debts. The solution to this problem determines the need to analyze the current legislation and scientific publications devoted to property relations, property rights and its objects. Due to the fact that the debts of the spouses represent unfulfilled civil legal obligations arising from participation in relations with the third parties, their merger with family legal property relations of the spouses’ property is unacceptable. Debts do not have the qualities of objects of property rights that cumulatively form the property belonging to spouses and existing in the common property regime. Thus, it cannot be added up from an asset and a liability. Regarding legal regulation of property relations, we only can compare, on the one hand, the totality of property objects belonging to spouses on the ground of common property and, on the other hand, the objects of execution of their common obligations with respect to creditors expressed in single value units. To indicate the result of the comparison, it is advisable to use the concept of "property solvency of spouses", which allows us to assess their property status for participation in civil transactions, their real property responsibility, as well as in ensuring the interests of creditors. In support of these conclusions, the author provides detailed arguments.

To the question of the peculiarities of the protection of the rights of spouses in cases of establishing the regime of separate residence of spouses

In the scientific article the author conducted a scientific study of the peculiarities of protection of property and personal non-property rights of spouses in cases of establishing a regime of separate residence. Based on the above research, the author notes that the importance of the legal position in cases of establishing a regime of separate residence of spouses is the decision of the Plenum of the Supreme Court of Ukraine №11 of December 21, 2007 “On the practice of law enforcement, divorce, annulment and division of joint property of the spouses “, namely paragraph 12 of this resolution. Unfortunately, this document is the only legal position of the Supreme Court on the establishment of the legal regime of separate residence of spouses, so to determine the approaches of courts of general jurisdiction in considering this category of cases, you should refer to the analysis of individual court deci-sions. The analysis of the conducted case law allows to indicate that the main reasons that indicate the impossibility and / or unwillingness of the spouses to live together may indicate: lack of common life goals and family interests, which makes it impossible to live together and marital relations, long separate residence, lack of joint household , the presence of different views on life, lack of mutual understanding in the family, lack of joint management, lack of desire to continue living together, family disputes and conflicts that led to tense relationships, lack of intention to resume cohabitation, alcohol abuse, lack interest in raising one’s own child, quarrels and physical violence against the other spouse. The decision of the High Specialized Court of the Court of Ukraine on Civil and Criminal Cases in Case №6-27361, according to which the existence of property disputes concerning joint joint ownership of spouses does not deprive the right to establish a separate residence regime, also has a certain legal position.

Division of the common property of spouses and determination of their shares according to the legislation of the Republic of Azerbaijan

Division of the common property of spouses and determination of their shares according to the legislation of the Republic of Azerbaijan

Facility under Construction and Investment in Property Maintenance and Improvement as part of the Joint Property of Spouses: Issues of Object Identification and Choice of Protection Method

The purpose of the paper is to classify the buildings built in marriage and investments made in one of the spouses’ property from the viewpoint of the current system of civil rights objects, to determine the appropriate ways to protect the interests of the spouses arising in connection with these objects. The analysis of the norms of civil and family legislation made it possible to identify the problem of legal insecurity of a spouse’s interest in common joint property when reimbursing expenses incurred in connection with his investments into the other spouse’s property maintenance or improvement. The same is true for the acquisition of ownership rights to a building erected during the marriage on a plot of land owned by the other spouse in the absence of primary registration of the right to it. It is established that a direct application of civil law object classification in determining the composition of marital property subject to division, leading to interdependent loss of efficiency of norms of civil and family law (repaying the action of each other), and deprivation of the indicated interests of a spouse legal protection. It is proved that the protection of the interest in compensation for expenses incurred to improve or maintain the personal property of one of the spouses can only be provided by adding a special norm to the Family Code of the Russian Federation that fixes the legality of this interest and determines the method of its protection. The spouse’s interest in acquiring ownership of a building erected during marriage on a plot of land owned by the other spouse, if the primary ownership of the building is not registered, can only be protected by adapting the principles of real property classification to the regime of common joint property of the spouses by expanding the scope of the exception to the principle of incorporation or by introducing an exception to the principle of superficies solo cedit.

BANKRUPTCY ESTATE OF THE DEBTOR’S SPOUSE: AN INTERSECTORAL ASPECT

The bankruptcy estate of the debtor spouse is all property belonging to him both on the basis ofindividual and joint ownership, including unfulfilled property obligations. The composition of the propertyof spouses is determined by the rules of family law, taking into account the legal regulation of certain typesof property, which requires special attention when forming the bankruptcy estate of the debtor spouse. Thebankruptcy estate may include the property of a citizen, making up his share in the total property, which maybe levied in accordance with civil law, family law. Family relations are built on the principle of community,which affects the implementation of bankruptcy law. To foreclose on the share of the debtor spouse, it isnecessary to separate the share of the debtor spouse from the common property, while the bankruptcy lawallows the sale of common property with the subsequent payment of funds to the debtor’s spouse.

Matrimony in Venice during Late Renaissance Era in light of judicial institutions

The subject of this research is the several government institutions of Venice during the Late Renaissance Era that dealt with questions of matrimonial relations. Marriage played not only a crucial social role, but was also considered a church, which contributed to salvation of the faithful. Therefore, the questions of the validity of marriage or claims for separation of the spouses were considered by the Church court alone. The government institutions dealt with for offences against marriage, observed the execution of laws regarding the property of spouses, resolved custody issues of the minors, and prevented inappropriate behavior between the spouses. Special attention is given to the judicial institutions of Venice in from the perspective of their activity on matrimony. The article employs descriptive method, complemented by comparative historical analysis of the political and religious institutions of that time. The author's special contribution consists in the analysis of cases, such as the abduction of women or a breach of promise, which were interpreted differently by the religious and secular courts. As a result, in the late XVI – early XVII century, the secular administration gained prevalence in these questions.

The procedure for the distribution of debts and other property obligations when dividing the common property of spouses in the Russian Federation

The procedure for the distribution of debts and other property obligations when dividing the common property of spouses in the Russian Federation

К вопросу о понятии договорного режима имущества супругов

К вопросу о понятии договорного режима имущества супругов

Имущественные отношения супругов в международном частном праве

This article deals with the issues of regulation of property relations of spouses in private international law. The article deals with the conflict issues of marriage, as well as the contractual regime of property of spouses. The article reveals the content of the Minsk and Chisinau conventions on property relations between spouses. In particular, the conventions say that the property relations between spouses are determined by the legislation of the Contracting party in whose territory they live together. If the husband lives in one Contracting state and the wife in the other and both have the same nationality, the law of the country of which they are nationals governs their property relations. Attention is paid to bilateral agreements on legal assistance to States in the field of property relations between spouses. For example, such an agreement exists between Russia and Estonia, and it helps to resolve various property issues between spouses. The domestic legislation of different States regulates the issue of determining the regime of matrimonial property in different ways. For example, in the States of the Anglo-Saxon legal system and in most Muslim countries there is only a regime of separate property. On the contrary, in the States of the Romano–German legal system, preference is given to the regime of common property of spouses, and it is possible to establish a different regime of property relations by agreement of the spouses. According to this principle and developing family law in Russia.

THEORETICAL AND LEGAL ANALYSIS OF DETERMINING THE VOLUME OF INHERITANCE PROPERTY OF SPOUSES AND PERSONS LEGALLY EQUALIZED TO SPOUSES

The academic paper provides a theoretical and legal analysis of the amount of inherited property of spouses and persons legally equated to spouses. The research is based on an analysis of the inheritance rights of subjects: persons who have registered a marriage in accordance with the procedure established by law and persons legally equated to spouses.It has been established that the determination of the volume of inherited property is the first and major stage in the process of opening an inheritance by a notary.It has been determined that the amount of inherited property of the spouses includes equal shares, however, the shares of each spouse may differ according to the circumstances as follows: the acquisition of property during the regime of separate residence of the spouses, conclusion of a marriage contract, a contract on the division of the spouses’ property, an inheritance agreement. It has been proved that the regime of separate residence of spouses creates problems in determining the amount of inherited property of spouses in terms of establishing the moment of termination of such a regime and measuring the share of common property that they have acquired after its termination. The features of the marriage contract in terms of assigning the spouses’ property rights have been established.It has been revealed that the disadvantage of a marriage contract is the absence of a requirement for its registration in the State Register of Rights to Immovable Property after notarization. It has been found that the agreement on the division of the spouses’ property somewhat complicates the determination of the volume of the spouses’ inherited property, forasmuch as after its conclusion, further acquisition of property into ownership is possible, which will not be defined in the contract; and, therefore, it may acquire a different legal regime than the property specified in the contract. It has been established that the conclusion of an inheritance agreement excludes the inclusion of the property determined by it in the hereditary estate, and the transfer of property under an inheritance agreement is not a type of inheritance.It has been proven that persons living in de facto marital relations are only partially equated to spouses in inheritance rights. The grounds for the emergence of actual marriage relations have been highlighted. It has been proposed to make alterations to the family legislation of Ukraine, which would improve the legal regulation of the amount of inherited property of spouses and persons legally equated to spouses.

ОСОБЕННОСТИ РАЗДЕЛА ИМУЩЕСТВА СУПРУГОВ ПО ДЕЙСТВУЮЩЕМУ ЗАКОНОДАТЕЛЬСТВУ

ОСОБЕННОСТИ РАЗДЕЛА ИМУЩЕСТВА СУПРУГОВ ПО ДЕЙСТВУЮЩЕМУ ЗАКОНОДАТЕЛЬСТВУ

Les relations pécuniaires entre époux. Cinquante ans après l’entrée en vigueur du Code du statut personnel tunisien

The Tunisian Personal Status Code reveals an audacity and a courage of the legislator who abolished polygamy, founded the judicial divorce and envisaged in a general way a system tending towards an equality of the sexes within the family. This audacity relatively does not exist in the pecuniary relations between spouses (expenses of marriage and goods), where the legislator had been very traditional by keeping rules which are inegalitarian or formally egalitarian. In order to complete the reform, the legislator intervened. Concerning the expenses of marriage, the unquestionable evolution towards equality is incomplete. Moreover, it led to discrepancies... Also, we notice, concerning the property of spouses, a constancy of the principle of separation of goods. The beginnings of evolution exist since in 1998, the Tunisian legislator founded an optional mode of community of goods. The study of Tunisian law is undertaken in comparison to the new Moroccan and Algerian family laws, which appear, on certain points, more audacious than their Tunisian counterpart....

The Law of Property of Spouses

The law of property of spouses regulates and protects that form of distribution of material goods within the family which exists in socialist society. It is distinguished by the fact that the only parties to this law are citizens in a state of matrimony.