Protection of Interests of Minor Children in Course of Division of Common Property of Spouses

Bykodorova, Andzhela F.; Minina, Anna A.; Bogatyreva, Aminat T.

doi:10.18572/1999-477x-2020-6-7-9

FAHL

2020

DOI: 10.18572/1999-477x-2020-6-7-9

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Protection of Interests of Minor Children in Course of Division of Common Property of Spouses

Andzhela F. Bykodorova¹,

Anna A. Minina²,

Aminat T. Bogatyreva³

Abstract: The article is devoted to the problems of protecting the interests of minor children in the division of common property of spouses. The authors come to the conclusion that the concept of «child’s interest» should be consolidated at the legislative level.

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2022

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Protection of property interests of minor children in the context of the reform of the institution of marital property

Pershina

2022

Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia

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The author analyzes topical issues of ensuring the property interests of children and the interests of the spouse that deserve attention in the context of changing approaches to understanding marital property, coordinating mechanisms for their regulation by the norms of civil and family law. It is noted that there is no conceptually unified understanding of the property status of the child in the family, the legal nature of his right to use the property of his parents, which, with isolated consideration and resolution of alimony cases and the division of joint property of spouses, leaves the property interests of common children without consideration. It is proposed to establish a different approach to the justification by the court of the possibility of derogation from the principle of equality of the spouses’ shares, as well as in family legislation to establish the possibility of an agreement on payment of compensation for the share of the allocated spouse, taking into account the child’s housing rights and the amount of alimony obligations, family income or suspension of the division of jointly acquired property, ensuring the property interests of the child, until his majority.

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Protection of property interests of minor children in the context of the reform of the institution of marital property

Pershina

2022

Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia

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show abstract

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Protection of Interests of Minor Children in Course of Division of Common Property of Spouses

Abstract: The article is devoted to the problems of protecting the interests of minor children in the division of common property of spouses. The authors come to the conclusion that the concept of «child’s interest» should be consolidated at the legislative level.

Cited by 1 publication

References 0 publications

Protection of property interests of minor children in the context of the reform of the institution of marital property

Protection of property interests of minor children in the context of the reform of the institution of marital property

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