PRACTICAL PROBLEMS ARISING IN THE DIVISION OF COMMON PROPERTY OF SPOUSES

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Issue: №2 2018

Heading: Topical issues of civil and family law


Tags

Keywords: shared property agreement, noteworthy interest of one of the spouses, deviation from the beginning of equality of shares in the property of spouses.

Annotation

The article considers the limits of contractual freedom of spouses when concluding an agreement on sharing their common property and notes that, first of all, such agreement does not violate the rights and interests of third parties, in particular, creditors. The author offers the new interpretation of the content of the notion «noteworthy interest of one of the spouses», which allows to extend the application in practice of the rule about deviation from the beginning of equality of shares during the division of the common property of the spouses.