ON THE PROBLEMS OF LEGAL REGULATION OF FAMILY LEGAL RELATIONS

This article analyzes some of the current problems of regulating family relations, considers the points of view of various legal researchers on solving these problems, and also suggests options and approaches to their elimination that could be applied in practice. The author notes that it is necessary to carry out a systematic synchronization of the norms of family law with the norms of civil law, as basic ones. At the same time, it is indicated that law enforcers often correctly define the components included in the concept of “common property”, however, a clearer definition of the content of this institution in the Family Code of the Russian Federation would have a positive effect on the regulation of family legal relations. The study also notes that when alienating property of spouses that does not require the presence of a notarized consent of the second spouse, it would be more productive in certain cases to provide for obtaining a simple written consent without notarization, the authenticity of which is always easy to establish if necessary in a lawsuit. In addition, it is indicated that when classifying debt as common or personal in the process of dividing property, it would be more productive to fix the mandatory presence of the consent of the second spouse to receive a loan provided in a simple written form. Accordingly, if the consent of the spouse to the loan is available, then the debt should be considered common, and if not, then personal. As a result of the study, the author also comes to the conclusion that there is a need for more detailed and clear legal regulation of the common bankruptcy of spouses, in order to protect the interests of third parties — creditors.

problems of family law, institutions of family law, property relations of spouses, consent of a spouse to the alienation of property, common property of spouses, debt obligations of spouses, division of common property of spouses, presumption of consent of a spouse, notarial consent of a spouse, personal property of spouses

Letyagina E. A. On the problems of legal regulation of family legal relations. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):191—194. DOI: 10.25683/VOLBI.2023.65.791.