The concept and content of the legal category “legal regime of family property”

Автор: Khaletskaya T. M.

Журнал: Вестник Прикамского социального института.

Рубрика: Юриспруденция

Статья в выпуске: 3 (87), 2020 года.

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In the article, the author addresses a topic that has not lost its relevance for a long time — to the study of the concept and content of the legal category “Legal Regime of Family Property” in the context of legal regulations of family property relations. The author has considered the concept of Legal Regime from the point of view of the legal theory; the goals of the legal regime have been defined; the content of the concept of Legal Regime of family Property has been analyzed; the structural elements of the concept of Legal Regime of Family Property have been identified. Aim of the study: to form an idea of the concept of Legal Regime of Family Property and its content. Methods of the study: to achieve this aim, both general and specific scientific methods have been applied: descriptions, classifications, interpretations, formal and dialectical logic methods, the method of complex analysis of legislation. The results of this study are the following conclusions: “Legal Regime” is a certain combination of legal means designed to regulate certain social relations in a specific way; the term “Property Relations of Spouses”, used in the science of family law, is narrow, since the sphere of property relations of spouses is not limited exclusively to the property relations, hence in relation to the property relations of spouses, not the narrow term “Matrimonial Regime” should be used, but a wider one — “Regime of Marital Property”. Conclusions: since the peculiarities of legal regulation specify not only the property relations of spouses but also the relations of all family members, we believe that the term “Legal Regime of Family Property”, meaning a set of legal means that regulates property relations arising in a family, should be introduced into scientific circulation.

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Legal regime, property relations, family, family members, marriage

Короткий адрес: https://sciup.org/14126939

IDR: 14126939

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