Socio-legal problems of division of jointly acquired property of spouses

Kuban State Agrarian University named after I.T. Trubilin, 13, Kalinina Str., Krasnodar, Russian Federation

^* Corresponding author: polina.shirokaja@yandex.ru

Abstract

To identify gaps in legislation when regulating the relations of spouses on the division of common property in court, as well as to formulate proposals for the modernization of legislation in the field of property relations of spouses. The following methods were used in the work: system, dialectical, comparative legal, analysis, and synthesis. Based on the identified gaps in the legislation, it is important to introduce the most expanded concept of "spouse's noteworthy interest" when departing from the equality of shares and the division of the common property of spouses. And we also suggest that the courts, when resolving such a category of cases, be guided not only by the fundamental principle of "equality of shares", but also apply the principle of "justice", which is most widely used in foreign countries with the Anglo-Saxon legal family. The study not only identified existing gaps in legislation but also conducted a comparative analysis with foreign regulation of the issue. It cannot be argued that family law is outdated. However, relations in society are subject to development, which should be considered by the legislator when reforming the regulatory framework. The article has a high value because it is an attempt to introduce recommendations on reforming family legislation in Russia based on comparison with foreign experience and will create the possibility of an individual approach to resolving cases in the sphere of property relations of spouses.