, Russian Federation
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.
property interests of children, noteworthy interests of the spouse, joint property of spouses, alimony obligations, equality of shares
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