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Legal peculiarities of division of property of spouses through judicial proceedings
Abstract.The research subject is legal peculiarities of the process of dissolution of marriage and division of property of spouses, which are still urgent at the present time. The author analyzes the examples of judicial practice in disputes between spouses over division of property, complicated by investment contracts, credit obligations, etc. Besides, the author studies disputable situations the legal regime of division of property can’t be applied to. Problems, connected with the application of clause 4 article 39 of the Family Code of the Russian Federation about the recognition of belongings as the property of each of the spouses, very often become the subject of scientific discussions and legal proceedings. That’s why the author assesses the present situation in this sphere. The paper also considers the problem of possibility to settle the dispute out of court at the stage of enforcement proceedings and the problem of court approval of a settlement agreement. The author notes that the judicial practice still contains few examples of application of clause 2 article 39 of the Family Code of the Russian Federation about derogation from the principle of equality of shares of spouses in their common property in favour of the interests of children and (or) sound interest of one of the spouses. The author uses general scientific method of dialectic cognition and specific scientific methods: system, structural-functional, formal-legal, analysis and synthesis. The research demonstrates that judicial practice in division of property of spouses is ambiguous; courts have different approaches to using particular provisions of family, civil and procedural legislation. In the author’s opinion, it hampers the unification of legal proceedings on dissolution of marriage and division of property. Based on the results of the study, the author concludes about the necessity to amend the Family Code of the Russian Federation with compulsory pretrial procedure of settlement of disputes over division of common property of spouses.
Keywords: division of spouses' property, mortgage, procedural legislation, marital relations, magistrate, Legal regime of property, dissolution of marriage, family legislation, common property, judicial practice
Article was received:04-09-2017
This article written in Russian. You can find full text of article in Russian here .