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Article`s title

Legal Regulation of the Division of Marital Property in Connection with the Dissolution of Marriage

Authors

I. Kalinina 1

Volume

4 (2024)

Keywords

family, marriage, minor children, property, partition, living space.

Abstract

The article reveals the intersectional regulation of property relations between spouses in connection with the dissolution of marriage by the legal norms of constitutional, civil, family and housing law. It is proved that the legal institution of the division of property of spouses in connection with the dissolution of marriage regulates not only the actual property relations, but also ensures the realization of the personal rights of family members and the appointment of the family as a social and moral union of a man and a woman. Such a union, as it is defined in the context of spiritual and religious understanding, as well as in the context of the fact that the family is necessary for procreation and the creation of conditions for the development and upbringing of children. It has been established that despite the sufficient regulation of this area by law, in practice there is a different understanding by the courts of the legal norms used in resolving disputes in the division of property. The necessity of state assistance as a form of social assistance in legal support of the resolution of civil (property) issues during the dissolution of marriage, as well as reducing financial costs during the dissolution of marriage when contacting public authorities and performing notarial actions is argued.

How to Cite this article

Калинина И.А. Правовое регулирование раздела имущества супругов в связи с расторжением брака // Право: история и современность. 2024. Т. 8, № 4. С. 508 – 523. doi: 10.17277/pravo.2024.04.pp.508-523

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DOI:

https://doi.org/10.17277/pravo.2024.04.pp.508-523

🗏

508-523

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