| Article title |
Legal Regime of the Funds as a Part of Community Property
|
| Authors |
Lepekh S.
|
| Name of magazine |
Legal journal «Law of Ukraine» (Ukrainian version)
|
| Issue |
10/2013
|
|
Сторінки
|
[85-96]
|
| Annotation |
The particularities of legal regime of the funds as a part of the community property are analysed in this article. The problems of application of the legislation on the disposal of community funds of the spouses are the subject of this research. The author points out at the essence of the notion «the interests of family» and analyses the order of its realization while making an agreement on disposal of community funds by one of the spouses. The limitation of scope of the Article 65 of the Family Code of Ukraine is also discussed. The author considers that the provisions of this Article should be applied while making any civil agreement, under which a spouse is the obligator and the material object of which is the community funds to be granted. The author suggests some rules of the legal regulation of the bonds of spouses to be changed. The suggestion is that the peculiarities of making agreements by one of the spouses, in particular loan, credit and bank deposit agreements, agreements of guarantee, must be determined in such legal rules. Some aspects of the legal regime of the spouses’ debts and the order of levy of execution of community property are clarified. Legal regime of the assets and liabilities of the spouses’ property is proposed to be differentiated and specificated in the Family Code of Ukraine in the light of the European experience. |
| Keywords |
funds, spouses, community property, joint property, legal regime of property. |
|
References
|
|
|
|
.png)
