LEGAL REGIME OF SPOUSES’ PROPERTY: REGULATORY AND LEGAL REGULATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the analysis of normative regulation of property relations of spouses, which determines the legal regime of their property. The authors state that the legal regime of the property of the spouse is determined depending on who he is established – the legislator or the members of the property relations – the spouses. In this regard, distinguish legal (legal) and contractual (contractual) legal regimes of marital property. The preconditions for their occurrence, features and differences are determined. The presumption of the family law of Ukraine is analyzed – the presumption of the common property of the spouses and the idea of equality of rights of the spouses in relation to the possession, use and disposal of property, regardless of the size of the contribution to this property of each of them. The emphasis is placed on the fact that divorce without the distribution of property can not turn the joint property of the spouses into an individual. It is also noted that the requirements of the former spouse on the sharing of common property are subject to a three-year period for filing a claim, calculated from the day one of the co-owners has learned or should have been aware of the violation of their property rights. The article establishes that the parties to the marriage contract can agree on non-distribution of property acquired by them during the marriage, the mode of joint ownership, and to consider it as a common partial or private private property of each of them. A marriage contract may extend its effect as a property which is the object of joint ownership of the spouses at the time of the conclusion of the marriage contract and on the property acquired by a spouse or a spouse in the future. The couple can also arrange for a possible divorce procedure for divorce, etc. Thus, as a result of the consideration of the features and characteristics of the methods of establishing the legal regime of spouses property, the authors mention the advantages of the contractual regime of the spouses property, which more allows the rights and interests of individuals to be ensured.
Authors and Affiliations
О. О. Круглова
Keywords
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