Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses)
https://doi.org/10.17803/1729-5920.2024.217.12.023-044
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.
About the Authors
E. A. Chefranova
S.S. Alekseev Research Center for Private Law under the President of the Russian Federation
Russian Federation
Russian Federation
Elena A. Chefranova, Honored Lawyer of the Russian Federation, Dr. Sci. (Law), Professor, Chief Researcher,
Moscow.
S. Yu. Chashkova
Kutafin Moscow State Law University (MSAL)
Russian Federation
Russian Federation
Svetlana Yu. Chashkova, Cand. Sci. (Law)., Associate Professor, Department of Notaries’ Office, Associate Professor, Department of Family and Housing Law,
Moscow.
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Review
For citations:
Chefranova E.A., Chashkova S.Yu. Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses). Lex Russica. 2024;77(12):23-44. (In Russ.) https://doi.org/10.17803/1729-5920.2024.217.12.023-044
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