XIV Международная студенческая научная конференция Студенческий научный форум - 2022

Property relations between spouses is an issue that does not lose its relevance over time. According to Rosstat, the percentage of divorce is quite high. As a rule, when a marriage is concluded, the spouses do not think about its dissolution, as a result, they do not discuss their property relations, do not make marriage contracts. In the case of divorce, there is a problem of dividing the property acquired during the marriage. Because of this, the legal regulation of the division of property is of decisive importance, because it is with the help of it that this issue will have to be resolved.

There is no doubt that the protection of the rights of spouses, including property rights, is a priority task of the state, specified in the Constitution of the Russian Federation.

The sphere of family law needs regulation, but it should be careful. There are centuries-old traditions in Family law, it is important to take them into account.

The division of jointly acquired property is a complex institution that can be considered in two aspects. The first aspect is the voluntary division of property, considers the institution of division as a way of disposing of the spouses of their property. The compulsory order is the second aspect of the division of common property, which is a way to protect the property rights of spouses.

The division of property is regulated by both family law and civil law, so it is comprehensive.

It is important to understand that the division of property is a way to terminate the relationship of joint property of spouses. There are many disputes about the division of property: these are disputes about the composition of property, and about the value of property, and directly about its division in kind. Each dispute has its own specifics.

The Family Code of the Russian Federation, which regulates family relations, for all its importance for the legal system, still has problems with the division of common marital property and needs to finalize some norms.

The law provides for a voluntary and compulsory procedure for the division of property.

Issues related to the division of common property are largely uncertain. There are a number of controversial issues, which are considered, among other things, in the draft law "On Amendments to legislative acts of the Russian Federation".

Some positions of the initiators of the bill seem to be correct. For example, the concept of "property" should be considered as a whole. But the establishment of the spouses' shares in the property during the division is a controversial issue. It is necessary to take into account the peculiarities of the acquisition and use of such property.

It is impossible not to agree with the opinion of the initiators of the bill on the inadmissibility of splitting business assets due to the risk of instability of intra-corporate relations. The approach seems reasonable, but has a number of nuances that are subject to more detailed regulation of this issue.

The issues considered by the bill are undoubtedly requiring some corrections. In particular, the protection of the rights of third parties whose rights are affected, and creditors who are proposed to be notified of the conclusion of a contract on the division of common property.

Also, the protection of the rights of spouses when applying for bankruptcy is a necessary measure, in our opinion.

Further development of the institution of the division of the common property of spouses seems to be more effective when a number of provisions of the bill are put into effect. At the moment, the legal regulation of this institution needs substantial revision. The revision should be carried out carefully.

References:

1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993) (subject to amendments made by the Laws of the Russian Federation on Amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ, of 30.12.2008 N 7-FKZ, of 05.02.2014 N 2-FKZ, of 21.07.2014 N 11-FKZ) // Rossiyskaya Gazeta. - N 237– - 25.12.1993. - Collection of legislation of the Russian Federation. - 04.08.2014. - N 31. - Article 4398.

2. The Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ (ed. of February 07, 2017) // Collection of Legislation of the Russian Federation. - December 05, 1994. No. 32. article 3301.

3. Family Code of the Russian Federation No. 223-FZ of December 29, 1995 (ed. of December 30, 2015) // Collection of Legislation of the Russian Federation. January 01, 1996. No. 1. Article 16.

4. Civil Procedure Code of the Russian Federation No. 138-FZ dated 14.11.2002 (ed. dated 29.07.2017) // Collection of Legislation of the Russian Federation. - 18.11.2002. - No. 46. - Article 4532.

5. Marriages and divorces: Federal State Statistics Service [Electronic resource]. - Access mode: https://www.gks.ru/folder/12781