Recognition of obligations of spouses as common in bankruptcy

Автор: Kurkova N.A., Strogonova T.P.

Журнал: Ex jure @ex-jure

Рубрика: Частноправовые (цивилистические) науки

Статья в выпуске: 3, 2023 года.

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The article is devoted to controversial issues of recognizing the obligations of the debtor and his spouse as common in cases of bankruptcy of a citizen. The article considers the functioning of such legal constructs of the branch of family law as property relations of spouses, as well as their liability for obligations to creditors in cases of bankruptcy of a citizen. The conclusion is made about legally significant circumstances that should be clarified when considering cases on recognizing obligations as common. Establishing the purpose of receiving the amount of money, as well as establishing whether the money was spent on the needs of the family are the main criterion with which such recognition is connected. Obligations arising from the guarantee agreement are not common, as they are of a personal nature.

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Citizen bankruptcy, common debts, obligations of spouses, family needs, business activities, creditors

Короткий адрес: https://sciup.org/147241325

IDR: 147241325   |   DOI: 10.17072/2619-0648-2023-3-99-107

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