Property interest in maintenance obligations: on the scope of article 86 family code of the Russian Federation


Issue: №4 (64) 2020

Heading: Topical issues of private law


Keywords: interest, parents, child, limits, well-being, care.


This scientific work presents the author’s approach to understanding the essence of interest and the extent of its action in the alimony obligations of parents and children associated with the participation of parents in additional costs for the maintenance of a child, which are caused by exceptional circumstances. It is concluded that additional parental care for the child arises on the basis of several interrelated circumstances: kinship; difficult life situations in which the child finds himself; content relationships; unresolved disagreements between parents; the existence of an objective connection of exceptional circumstances with costs; property interests of parents and the child. It is proposed to change the wording of Art. 86 of the IC of the Russian Federation in order to comply with the provisions contained in it with the interests of parents and the child, characterized by their harmonious combination.