The Legal Regime of Entrepreneurial Property is an Object of Joint Property of Spouses
( Pp. 78-82)

More about authors
Kudryavtseva Larisa V. Associate Professor of the Department of International Private and Business Law
Kuban State Agrarian University named after I.T. Trubilin
Krasnodar, Russian Federation Gidzev Adam M. master's student
Kuban State Agrarian University named after I.T. Trubilin
Krasnodar, Russian Federation
Abstract:
The purpose of the study. This article discusses the legal problems of the legal regime of the property of entrepreneurial purpose, as an object of joint property of spouses. The author analyzes the civil and family law of Russia on the regulation of property belonging to the category of common joint property of spouses. The analysis of judicial practice on the problem of attribution of business property to the common joint property of spouses is carried out. The purpose of this scientific research is to identify legal problems related to the functioning of a particular legal regime of entrepreneurial property owned jointly by spouses. The scientific research reflects the current opinions of scientists in the field of law on existing problems in matters of property for business purposes, as an object of joint property of spouses. Conclusions. In both family and civil legislation, there are no family entrepreneurship, business entity, entrepreneurship of spouses as legal categories. The absence of these legal concepts makes it difficult for judges to make a decision in view of the different legal nature of property as such and property related to the joint property of spouses used in entrepreneurial activity. The absence of features and conditions for the use of joint property of spouses in entrepreneurial activity leads to protracted courts in the future on disputes about the division of joint property.
How to Cite:
Kudryavtseva L.V., Gidzev A.M., (2022), THE LEGAL REGIME OF ENTREPRENEURIAL PROPERTY IS AN OBJECT OF JOINT PROPERTY OF SPOUSES. Economic Problems and Legal Practice, 6 => 78-82.
Reference list:
Zaluchin S.V. About judicial practice of consideration of property cases owned by spouses and members of the peasant (farmer) economy // Russian judge. 2007. No. 2. P. 17.
Ilyushina M.N., Chashkova S.Yu. Features of contractual forms of division of common property of spouses of entrepreneurial purpose // Laws of Russia: experience, analysis, practice. 2010. No. 3. pp. 25-33.
Komarova O.S. Problems of the legal regime of the property of spouses used for entrepreneurial activity // Development of territories. 2019. No. 3. pp. 28-30.
Kudryavtseva L.V., Prikhodko E.G. Russian conflict of laws legislation in the sphere of marriage and family relations: actual problems and ways of improvement // Gaps in Russian legislation. 2020. No. 1. pp. 57-60.
Levushkin A.N. Problems of the application of the rights of spouses in the implementation of entrepreneurial activity // Family and housing law. 2021. No. 2. pp. 10-13.
Levushkin A.N. Family and matrimonial entrepreneurship and sale of spouses' business under the legislation of the Russian Federation // Laws of Russia: experience, analysis, practice. 2018. No. 4. pp. 25-30.
Keywords:
law, family, spouses, property, entrepreneurship, ownership.


Related Articles

History and Theory of Politics Pages: 13-28 DOI: 10.33693/2223-0092-2023-13-5-13-28 Issue №24646
Theoretical Approaches to the Study of Social Consensus
public consensus power coercion political elites interest groups
Show more
6. CRIMINAL LAW, PENAL LAW, CRIMINOLOGY (12.00.08) Pages: 171-174 Issue №17401
Improving measures to counter the deliberate destruction or damage of other people's property at the regional level
crime prevention destruction property prevention
Show more
ECONOMIC THEORY Pages: 162-168 Issue №21610
Russia in the 2020s: Economics and Law Facing Challenges Industry 4.0
Industry 4.0 law economy digital law information technologies
Show more
6. PUBLIC LAW (STATE LAW) (5.1.2.) Pages: 145-151 Issue №20974
Financial Legal Relations and their Reflection in Russian Federal Subjects’ Constitutions
Constitution law legal relations financial and legal norms
Show more
5.1.4. CRIMINAL LAW Pages: 167-170 Issue №20773
Legality as a Priority of High Morality and Sustainable Development of the Commonwealth of Independent States
Commonwealth of Independent States Concept right law legality
Show more
6. MISCELLANEOUS Pages: 177-180 Issue №20339
Economic Crimes as a Threat to the National Security of the Russian Federation: Criminal Law Aspect
criminal law economic crimes economic crime qualification of economic crimes national security
Show more
9. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 175-179 Issue №19457
Criminal-Legal Means of Ensuring the Safe Production and Operation of Robots
robotics robot autonomous robot vulnerability undeclared opportunity
Show more
14. LEGAL SUPPORT OF ENTREPRENEURIAL ACTIVITIES Pages: 121-124 Issue №9237
KAZAKHSTAN LEGISLATION ON BUSINESS ACTIVITY: HISTORY OF FORMATION AND CURRENT STATE
entrepreneurship business activities co-op trading activity trade legislation
Show more
9. JUDICIAL, PROSECUTORIAL, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES (12.00.11) Pages: 151-156 Issue №18017
Implementing the powers of the prosecutor to oversee the implementation of laws under restrictions related to measures to prevent the spread of coronavirus infection (COVID-19) (based on the materials of the prosecutor's office of the Republic of Dagestan)
Prosecutor law violation supervision control
Show more
8. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW 12.00.03 Pages: 171-176 Issue №17214
Joint wills and inheritance agreements in foreign law
inheritance law joint will of spouses inheritance contract testator foreign legislation
Show more