scholarly journals Property, Property Solvency of Spouses and Their Joint Debts

Lex Russica ◽  
2021 ◽  
pp. 23-32
Author(s):  
O. Yu. Kosova
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Legal Regulation ◽  
Federal Law ◽  
Real Property ◽  
Structural Element ◽  
Scientific Publications ◽  
Property Relations ◽  
Legal Obligations ◽  
Category Property

In the Russian legal terminology, the term "property relations" is widely used. However, the category "property" in terms of its constituent elements, due to the absence of its legal definition in the Civil and Family Codes of the Russian Federation, is explained in different scientific contexts. In theory, debts are often named as one of the elements internally forming the property, along with things and property rights, and the relations of common property of spouses are no exception. The prospect of legalization of debts as a structural element of the property of spouses is considered in the draft Federal Law No. 835938-7 that proposes to make appropriate amendments to Art. 34 of the Civil Code of the RF IC, which gives rise to a special concern in identifying the legal nature of common debts. The solution to this problem determines the need to analyze the current legislation and scientific publications devoted to property relations, property rights and its objects. Due to the fact that the debts of the spouses represent unfulfilled civil legal obligations arising from participation in relations with the third parties, their merger with family legal property relations of the spouses’ property is unacceptable. Debts do not have the qualities of objects of property rights that cumulatively form the property belonging to spouses and existing in the common property regime. Thus, it cannot be added up from an asset and a liability. Regarding legal regulation of property relations, we only can compare, on the one hand, the totality of property objects belonging to spouses on the ground of common property and, on the other hand, the objects of execution of their common obligations with respect to creditors expressed in single value units. To indicate the result of the comparison, it is advisable to use the concept of "property solvency of spouses", which allows us to assess their property status for participation in civil transactions, their real property responsibility, as well as in ensuring the interests of creditors. In support of these conclusions, the author provides detailed arguments.

scholarly journals Specifics of Legal Regulation of Property Relations of Minor Family Members

2021 ◽  
Vol 2021 (2) ◽  
pp. 165-173
Author(s):  
Svetlana Voronina
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Legal Regulation ◽  
Scientific Publications ◽  
Property Relations ◽  
Parents And Children ◽  
The Family ◽  
Organizational Relations ◽  
Private And Public

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.

scholarly journals PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 52-61
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Process Approach ◽  
Property Relations ◽  
Economic Entity ◽  
Specific Category ◽  
Category Property ◽  
Definition Of ◽  
Management Functions

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

scholarly journals PROPERTY RELATIONS IN KYRGYZ FAMILY: LEGAL ASPECTS

THE BULLETIN ◽  
2020 ◽  
Vol 6 (388) ◽  
pp. 249-256
Author(s):  
Murzabekova Zh.T., ◽  
◽  
Nasbekova S.K., ◽  
Osmonalieva N.Zh., ◽  
◽  
...  
Keyword(s):  
Child Protection ◽  
Common Property ◽  
Family Members ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
Property Relations ◽  
The Family ◽  
Family Code

The article provides legal analysis of features of family property relations in the custom law of the Kyrgyz people and the legislation of the Kyrgyz Republic. Using analysis, synthesis, legal and historical law methods, the Matrimony and Family Code of the Kyrgyz SSR of 1969, the Family Code of the Kyrgyz Republic of 2003, the Code of Laws on Civil Status Acts, Matrimony, Family and Fiduciary Law of the RSFSR of 1918, The Code of Laws on Marriage, Family and Fiduciary of the RSFSR of 1926, The Ordinance of the President of the Kyrgyz Republic dated January 26, 2012 No. 17 “On declaring 2012 the Year of Family, Peace, Concordance and Mutual Forgiveness” and Family Support and Child Protection Program for 2018 - 2028 of Government of the Kyrgyz Republic were studied. The article analyzes relevant theoretical and practical issues related to common property of spouses, separate property of spouses, relations between parents and children for joint ownership and use of each other's property, alimony responsibility of family members and property relations of factual spouses. According to the author, legal norms regulating property relations in family are important when courts consider cases in sphere of protection of property rights of family members. In particular, the authors came to the conclusion in the Kyrgyz Republic the legal regulation of property relations in family is basis for resolving contentious issues in the family law.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals ON PROPERTY AS AN OBJECT OF THE COMMON PROPERTY RIGHT OF THE SPOUSES IN THE CONTEXT OF THE DRAFT FEDERAL LAW № 835938-7

2021 ◽  
pp. 36-43
Author(s):  
Ольга Юрьевна Косова
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Property Right ◽  
Federal Law ◽  
Property Relations ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Family Code

В статье анализируются положения законопроекта, вносящего изменения и дополнения в ст. 34, 39 Семейного кодекса Российской Федерации, дается их оценка, высказываются предложения по редактированию. Обращается внимание на использование в законопроекте отдельных базовых для регулирования имущественных отношений собственности терминов, например, «имущество», «раздел общего имущества супругов». Обосновывается вывод, что общие долги супругов не могут входить в состав их общего имущества. The article analyzes the provisions of the bill introducing amendments and additions to Articles 34, 39 of the Family Code of the Russian Federation, gives their assessment, makes suggestions for editing. Attention is drawn to the use in the draft law of certain basic terms for regulating property relations of ownership, for example, «property», «division of the common property of spouses». The conclusion is substantiated that the common debts of spouses cannot be part of their common property.

scholarly journals Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine

2021 ◽  
pp. 341-348
Author(s):  
Inna Sevryukova
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Real Property ◽  
Legal Literature ◽  
Legal Nature ◽  
Characteristic Features ◽  
State Registration ◽  
The Right

Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. It should also be emphasized that each subjective right has its limits of exercise, including the subjective right of ownership, as well as other real property rights. Of course, the nature of such restrictions must be different and depend on the content and nature of the restricted right, its object and the grounds for the restrictions. That is, restrictions on property rights and other property rights cannot be the same. Restrictions on property rights are established in the interests of society and arise by law, as well as in the interests of individuals (on the basis of law, contract, court decision), and restrictions on other property rights are primarily due to protection of the property from which they originate and the legitimate interests of the owner. In our opinion, the category of real contracts should include those types of contracts relating to real estate, including contracts of encumbrance of property rights on the basis of which the rights subject to state registration arise. Purpose and objectives of the study The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. Therefore, we can argue for the existence of a certain generalizing type of contract, the features of which are inherent in all its subspecies, in particular, contracts for the establishment of easements, superficies, emphyteusis, mortgage agreement. Such an agreement in the legal literature is called by some authors as a real contract. However, issues concerning its legal nature, place in the system of civil law contracts remain debatable. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of problematic issues of contractual grounds for the emergence of restrictions and encumbrances of property rights to real estate. It should be emphasized that these issues are controversial due to the lack of clear legislative regulation, which leads to imperfect legal regulation and violations of the rights of participants in property turnover. Research conclusions. As a result of the study, the idea is given that in the current legislation of Ukraine due to the lack of a clear concept of the relationship between the category of "encumbrance" and "restriction" of property rights, as well as the uncertainty of property rights, some questions remain about the classification of certain rights accordingly, about the types of material contract, this issue is debatable and needs further study. It is possible to make about polystructurality of the real contract that causes division of this type of the civil law contract into kinds and subspecies. In our opinion, such a division depends on the legal nature and scope of the relevant types of restrictions and encumbrances on the right of ownership of real estate, which are proposed by current civil law.

scholarly journals Custom as a Source of Legal Regulation of Property Relations in the Russian Federation

2021 ◽  
Vol 16 (6) ◽  
pp. 114-122
Author(s):  
Ya. N. Karavaeva
Keyword(s):  
Property Rights ◽  
Public Relations ◽  
Legal Regulation ◽  
Special Role ◽  
Legal Norms ◽  
Property Relations ◽  
Self Defense ◽  
The Russian Federation ◽  
Subjective Rights ◽  
Peremptory Norms

The paper discusses the issue of the use of custom in the regulation of property relations. The author analyzes the possibility of determining the content of subjective property rights by customary legal norms, namely, such powers as the use and disposal. Attention is focused on the influence of customs on the formation of the owner’s discretion in the exercise of his subjective rights, in particular, the following questions are investigated: on what or on whom does this “discretion” depend? Is it possible that customs influence the formation of the discretion of a particular owner? Special attention is paid to the establishment of limits for the exercise of property rights under customary legal norms. According to the author, applying custom in the regulation of public relations, the owner of a property right does not go beyond the legal field, since custom is a source of law, and in this case one should speak of “discretion within the current legislation” and “discretion beyond it.” The paper concludes that customs can determine the content of subjective property rights, methods of protecting property rights, in particular self-defense issues, and are more often used in the regulation of real legal relations based on private ownership, while customs cannot contradict the peremptory norms. It is emphasized that a special role in the regulation of property relations is assigned to local customs.

scholarly journals Digital economy: theoretical and legal enforcement issues in terms of regional aspect

2020 ◽  
Vol 164 ◽  
pp. 09016 ◽  
Author(s):  
Elena Voskresenskaya ◽  
Lybov Vorona-Slivinskaya ◽  
Lybov Achba
Keyword(s):  
Property Rights ◽  
Legal Regulation ◽  
Digital Economy ◽  
Economic Activities ◽  
Legal Principles ◽  
Property Relations ◽  
Legal Enforcement ◽  
Regional Aspect ◽  
Economic Reality ◽  
Identification Of Persons

The study on issues of digital economy proved the current existence of the new “digital” economic reality. The traditional legal apparatus used for the statutory regulation of this new economic reality showed itself not only inefficient, but also significantly restraining the actively developing economic processes. In this regard, a plenty of practical and legal collisions occur related to the problems of identification of persons involved in civil-law transactions, property relations regarding digital economic turnover (for instance, relations concerning property rights in the field of distributed ledgers), registration of property rights and deals, regulation of banking line processes, formation of special protection models for relationships based on the use of digital technologies including issues of cybernetic and data security. The development of digital economy will inevitably influence legal principles and demand reconsidering some of doctrinal approaches to traditional legal models of regulating different types of economic activities. In this case, socially just changes in the legal regulation of economic activities should be primarily aimed at removing legal barriers that impede the development of digital economy, as well as at synchronizing legal rules with the technological features of economy’s functioning.

Features of Application of Article 392 of the Civil Code of Ukraine Upon Recognising the Right of Ownership of Newly Created Real Estate (A Case Study of Judicial Practice)

2020 ◽  
Vol 27 (2) ◽  
pp. 77-90
Author(s):  
Andrii Hryniak ◽  
Nadiia Milovska
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Practical Significance ◽  
Real Property ◽  
Real Right ◽  
Judicial Practice ◽  
Specific Object ◽  
The Right

The study of the specific features of recognition of ownership of newly created real estate is conditioned by its purpose, which is to determine the grounds for application of remedy upon recognising ownership of newly created construction object, stipulated by Article 392 of the Civil Code of Ukraine. The purpose of the study also includes identification of gaps and discrepancies in the legislation of Ukraine and judicial practice, which arise during application of the appropriate remedy for a substantive right, and the development of proposals for their elimination. In this regard, the main method of this study was comparative law, which allowed to identify and analyse different approaches to the legislative consolidation and application of such a remedy as the recognition of property rights. Upon concluding an agreement on sale and purchase of property rights to immovable property, the buyer receives a limited real right, under which it is endowed with certain, but not all rights of the property owner. Nevertheless, in recognising the ownership of newly created real estate, the study proves the feasibility of applying the method of protection stipulated in Article 392 of the Civil Code of Ukraine. It is substantiated that the buyer, who has performed its monetary obligations under the agreement on sale and purchase of real property rights, having fully paid the contractual value, is considered to have committed actions aimed at the occurrence of legal facts necessary and sufficient to obtain the legal claim for the transfer of ownership of the construction object. In this regard, it has been proved that the effectiveness of the remedy stipulated by Article 392 of the Civil Code of Ukraine, which is applied upon recognising the ownership of newly created immovable property, is aimed at levelling the possibility of further unlawful actions of third parties in relation to such property, and is achieved through the enforcement of judgement by recognition of ownership of a specific object, and in case of its destruction – by obtaining appropriate compensation. The practical significance of the study of the application of Article 392 of the Civil Code of Ukraine upon recognising the ownership of newly created real estate is that its results are designed to promote further research, to improve the legal regulation of relations, the object of which is newly created real estate, to optimise the implementation of property rights and law enforcement in this area

scholarly journals LEGAL REVIEW OF SOURCES FOR THE RESEARCH PROJECT ON UNKNOWN ABSENCE

2020 ◽  
pp. 186-195
Author(s):  
Natalya A. Tybizova ◽  
Keyword(s):  
20Th Century ◽  
Legal Regulation ◽  
Research Project ◽  
Scientific Publications ◽  
Property Relations ◽  
Legal Science ◽  
Civil Proceedings ◽  
The Status ◽  
The Russian Empire ◽  
Main Ideas

The creation of any research project is impossible without a legal review of sources, which makes it possible to note the authors who have put forward the main ideas, hypotheses and concepts that have contributed to the development of legal regulation of the unknown absence. The topicality of the topic of obscene absence lies in the fact that nowadays, both worldwide and in the Russian Federation, the number of obscene individuals is increasing, which gives rise to many both practical and theoretical problems. The disappearance of a person puts family members, creditors, counterparties and co-founders of legal entities in a difficult position. The reaction to the disappearance of a person is to search for him or her. Accordingly, legal science primarily investigates administrative, legal, procedural and forensic relations. At present, the status of an individual whose location is not known is determined by only a few norms, the application of which does not allow answering many questions. To solve these and other problems, in-depth studies of the unknown absence of citizens at a mono-graphic level are needed. One of the conditions for creating scientific publications at this level is a legal review of sources on the subject of the research. The proposed legal review of sources devoted to the unknown absence of citizens, allows the most detailed and comprehen-sive acquaintance of persons interested in this topic with the study of this topic from the time of Russian pre-revolutionary law to modern law of Russia. The analysis of the legal science of the Russian Empire makes it possible to talk about a serious comprehensive study of the unknown absence, and not only on the part of scientists - civilists, but also specialists in other fields, including civil proceedings and criminalistics. At the end of the 19th and beginning of the 20th centuries, attention was paid to the problems of the unknown absence of citizens, and normative and legal acts directly related to this state were adopted. At the same time, research into the problems of the unknown absence of citi-zens came a little later. During the Great Patriotic War, research continued, which led to a certain number of works being published. However, the first dissertations appeared in the fifties of the 20th century. By the seventies of the 20th century, scientific works have been published on certain aspects of special production which, to some extent, relate to legal proceedings concerning the recognition of a citizen as being unknown or the declaration of a citizen as dead. The expan-sion of property relations in a market economy with the participation of citizens in the nineties of the 20th century objectively required more detailed regulation in a situation where a citizen who took part in them disappeared without knowledge.

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