Property relations of spouses: disadvantages and the contemplation of statutory regulation

Автор: Pyankova A.F.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское право и процесс

Статья в выпуске: 4, 2020 года.

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The article is dedicated to the draft law No. 835938-7 “On Amending Certain Legislative Acts of the Russian Federation (referring the Property Relations of Spouses) ” introduced in the State Duma of the Russian Federation on November 14, 2019. It supports the rule of the draft according to which the real estate title ofjoint property of spouses should be registered “by default”, as well as the exclusion of the possibility of contesting the marriage contract on the grounds of putting one of the spouses in an extremely unfavorable position. Criticism has been expressed regarding the introduction of a presumption of spouses ’ community debts, as well as the total socialization of marital property, including the items acquired for personal finances. Other shortcomings of the bill are indicated, including the lack of legal regulation of the procedure for disposing of common joint property by former spouses before its division. The points of view of scientists regarding the novels of the bill are given.

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Property relations of spouses, common joint property, legal regime of property of spouses, marriage contract, state registration of property rights

Короткий адрес: https://sciup.org/147230066

IDR: 147230066   |   DOI: 10.17072/2619-0648-2020-4-106-123

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