QUALIFICATION AND LEGAL CONSEQUENCES OF CIVIL TRANSACTIONS CONDUCTED BETWEEN SPOUSES REGARDING COMMON JOINT PROPERTY

The relevance of the research is related to the ongoing discussion about the legal consequences of civil law transactions concluded by spouses regarding common joint property. The main goal is to identify, formulate and evaluate the current position of Russian judicial practice regarding the legal qualification of a civillaw transaction concluded by spouses regarding common joint property. The problems under consideration: methods of changing the legal regime of matrimonial property, qualification of transactions of spouses on the acquisition of property in shared ownership during marriage, qualification of a civil-law transaction concluded by spouses regarding common joint property. The research is based on the dialectical method of cognition, using general scientific and special methods. Conclusions. In accordance with the updated law enforcement position, a civil-law transaction concluded between spouses regarding common property is an independent basis for terminating the joint property regime without reclassifying the transaction. This position is vulnerable from the point of view of legal validity and socio-economic feasibility. It is advisable to further develop law enforcement practice in the direction of preserving the freedom of the participants in the transaction in choosing its type while simultaneously taking into account the family and legal specifics of the legal relations that bind them.