COMMON JOINT PROPERTY OF SPOUSES: TOPICAL ISSUES OF DETERMININGTHE COMPOSITION OF COMMON PROPERTY

Abstract

The article examines certain aspects of determining the composition of the common property of spouses in relation to such objects as a share in the statutory fund of a business company, family capital funds and real estate
acquired using such funds, housing construction savings. Based on the results of the study, recommendations and proposals were formulated to clarify the provisions of family and civil legislation regarding the use of the judicial
procedure for recognizing the rights of a spouse to a part of a share in the statutory fund of a business firm and the implementation of the spouseʼs right to join the shareholders in a business firm; to adjust the rules on the use of family
capital funds by clearly defining the subjects, who have ownership rights in relation to family capital funds and real estate acquired using such funds; to supplement the legislation with provisions according to which the acquisition of
housing construction savings at the expense of property belonging to spouses on the basis of common joint ownership entails the classification of such housing construction savings as common joint property of the spouses.

Ref.: 16 titles.