THE LEGAL REGIME OF SPOUSES’ PROPERTY BY THE LEGISLATION OF THE EUROPEAN STATES: THE COMPARATIVE AND LEGAL ANALYSIS, DIRECTIONS OF HARMONIZATION
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
The Ukraine’s declaration of a course towards integration to the European Union predetermines expediency of the analysis of legislatively set legal regimes of spouses’ property in EU countries and prospects of their application at regulation of the spouses’ property relations in Ukraine. In the article the legal regime of spouses’ property by the legislation of the European states is investigated, provisions which could be borrowed by the Ukrainian family law, and also the concept, the idea and approaches of the Western European doctrine, family and civil law which could be introduced into domestic scientific circulation are found. The object of the author’s research were only those legal modes of spouses’ property which are set by the legislation of twenty eight EU’s member states, and also Norway and Switzerland, considering their close connection with the EU and which are applied in the absence of the arrangement of spouses on other, that is by default. For this time in Europe achieve of rates the development of legislation standardization processes which concerned also branch of family law. In 2001 the non-state organization – the Commission on the European family law which task is the development of the general for the countries of Europe the principles for separate institutes of family law which have advisory nature was founded. Besides, on February 4, 2010 between France and Germany the agreement on harmonization of the mode of spouses’ property which testified the beginning of a new stage of standardization of the legislation of EU’s member states was concluded. In this regard the development of the family legislation of Ukraine and practice of its application have to be carried out taking into account the European norms and standards of a regulation of the family relations. It is necessary that the perspective direction of harmonization of the national family legal system with the legislation of the countries of the European Union in which the legal regime of a limited property community is fixed, first of all, is coordination of system of spouses’ obligations and responsibility for their performance. Besides, according to the author, the legal regime of the postponed property community would be expedient to be applied to property which is used in activity of the physical person businessman and the persons who are engaged in independent professional activity. It would allow to provide balance of interests of each of spouses, having resolved at the same time an issue of the ambiguous court practice existing today and having avoided the difficulties connected with management and use of the corresponding property.
Authors and Affiliations
O. S. Prostibozhenko
Keywords
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