Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses)

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.

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Publication Details

Journal
Lex Russica
Published
2024-12-21
DOI
https://doi.org/10.17803/1729-5920.2024.217.12.023-044
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses)

Elena A. Chefranova, S. Yu. Chashkova
Lex Russica
Digital Transformation in Law
article

Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses)

Elena A. Chefranova, S. Yu. Chashkova
article en

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.

Lex RussicaVol. 77(12)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 56%
Digital Transformation in Law
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Directions for Improving the Legal Regulation of Property Relations between Spouses (Coordination of Business Interests and the Interests of Spouses) — Elena A. Chefranova, S. Yu. Chashkova · Lex Russica (2024) | TGRS Research Map | TGRS