电邮这篇文章 The Legal Regime of Entrepreneurial Property is an Object of Joint Property of Spouses
- 作者: Kudryavtseva L.V.1, Gidzev A.M.1
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隶属关系:
- Kuban State Agrarian University named after I.T. Trubilin
- 期: 卷 18, 编号 6 (2022)
- 页面: 78-82
- 栏目: Articles
- URL: https://journal-vniispk.ru/2541-8025/article/view/147293
- ID: 147293
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详细
The purpose of the study. This article discusses the legal problems of the legal regime of the property of entrepreneurial purpose, as an object of joint property of spouses. The author analyzes the civil and family law of Russia on the regulation of property belonging to the category of common joint property of spouses. The analysis of judicial practice on the problem of attribution of business property to the common joint property of spouses is carried out. The purpose of this scientific research is to identify legal problems related to the functioning of a particular legal regime of entrepreneurial property owned jointly by spouses. The scientific research reflects the current opinions of scientists in the field of law on existing problems in matters of property for business purposes, as an object of joint property of spouses. Conclusions. In both family and civil legislation, there are no family entrepreneurship, business entity, entrepreneurship of spouses as legal categories. The absence of these legal concepts makes it difficult for judges to make a decision in view of the different legal nature of property as such and property related to the joint property of spouses used in entrepreneurial activity. The absence of features and conditions for the use of joint property of spouses in entrepreneurial activity leads to protracted courts in the future on disputes about the division of joint property.
作者简介
Larisa Kudryavtseva
Kuban State Agrarian University named after I.T. Trubilin
Email: larisa-k75@mail.ru
Associate Professor of the Department of International Private and Business Law Krasnodar, Russian Federation
Adam Gidzev
Kuban State Agrarian University named after I.T. Trubilin
Email: ada.gid@mail.ru
master's student Krasnodar, Russian Federation
参考
- Zaluchin S.V. About judicial practice of consideration of property cases owned by spouses and members of the peasant (farmer) economy // Russian judge. 2007. No. 2. P. 17.
- Ilyushina M.N., Chashkova S.Yu. Features of contractual forms of division of common property of spouses of entrepreneurial purpose // Laws of Russia: experience, analysis, practice. 2010. No. 3. pp. 25-33.
- Komarova O.S. Problems of the legal regime of the property of spouses used for entrepreneurial activity // Development of territories. 2019. No. 3. pp. 28-30.
- Kudryavtseva L.V., Prikhodko E.G. Russian conflict of laws legislation in the sphere of marriage and family relations: actual problems and ways of improvement // Gaps in Russian legislation. 2020. No. 1. pp. 57-60.
- Levushkin A.N. Problems of the application of the rights of spouses in the implementation of entrepreneurial activity // Family and housing law. 2021. No. 2. pp. 10-13.
- Levushkin A.N. Family and matrimonial entrepreneurship and sale of spouses' business under the legislation of the Russian Federation // Laws of Russia: experience, analysis, practice. 2018. No. 4. pp. 25-30.
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