Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses)
Year: 2024
Type: article
Abstract: The paper explores possible areas for improving the legal regulation of property relations of spouses engaged in entrepreneurial activity without forming a legal entity or being participants in commercial organizations. Due to changed economic conditions the presumption of common property of spouses, acting within the framework of the legal regime of property of spouses creates many problems in law enforcement. The authors studied and analyzed doctrinal views on the present and future of the institution of common property in Russia, the changes in legislation in this area that have occurred and are being developed, as well as the positions of the courts regarding application of legislation regulating property rights and obligations of spouses when considering disputes related to the implementation of business activities by spouses. Based on this, the authors make an attempt to simulate the legal regimes of some objects of common property of spouses used in business (other economic) activities, as well as the peculiarities of the division of business assets as common property of spouses.
Source: Lex Russica
Authors: E. A. Chefranova, S. Yu. Chashkova
Institution: Kutafin Moscow State Law University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405735098