Property relations of spouses: features of legal regulation in modern conditions

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Abstract

The article analyzes the novelties of legislation aimed at regulating transactions involving spouses, identifies the advantages and disadvantages of the regime of their common joint property, identifies the main difficulties that arise in practice in connection with the application of the relevant rules. The author comes to the conclusion that the norms of the Family Code of the Russian Federation, which determine the content of the legal regime of property of spouses, need modern “adaptation” taking into account the changing relations of civil circulation. It has been proved that the essential influence of the legal status of participants in transactions is manifested not only in their content, but also in their execution, which implies compliance with special requirements aimed at ensuring the protection of their property rights as a result of transactions they conclude regarding their common property.

The article provides a justification for the need to improve the mechanisms for regulating property relations of spouses in order to minimize the risks of recognizing transactions involving spouses as invalid in practice, including by minimizing their diversified regulation, which will contribute to the harmonization of legislation in this area.

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About the authors

Natalia V. Letova

Institute of State and Law of the Russian Academy of Sciences

Author for correspondence.
Email: letovanv@mail.ru

Doctor of Law, Chief Researcher of the Sector of Procedural Law

Russian Federation, Moscow

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