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The Legal Regime of Property of Spouses in Family Law of Foreign Countries
Authors: Oleg G. Ershov, Elena I. Shielko
Number of views: 526
The article discusses the issues of the legal regime of property of spouses in the family law of foreign countries. In particular, based on the analysis of the legislation of the countries of the Roman-German legal system (Germany, France) and the Anglo-Saxon system of law (England, USA), the conclusions have been drawn on the possibility of borrowing the positive foreign experience for the purpose of subsequently reforming the norms of Russian family law. Of interest is the mechanism for determining the value of the property, which goes into common property, as well as the rules protecting the spouse during the marriage and after its dissolution. It is also concluded that while reforming the foreign family law, the legislator can perceive the national experience regulating family relations related to the legal regime of the property of spouses. In particular, the principle of equality of spouses in marriage can be of interest, which allows to guarantee the protection of the interests of each spouse during the period of the possession, use and disposal of common property. Such guarantees are related to equal opportunities in managing common property; the absence of differentiation of the legal regime, depending on the manner in which the marriage is concluded; foreclosure on demand of creditors on the property of the spouse, and then on the common property; expansion of the list of property falling under the legitimate regime.