Disposal of the common property of spouses: collision of private and public interests
Keywords:
property interests of the spouse, public interests, common property of the spouses, family relations, common property of the spousesAbstract
The purpose of this work is to record some problematic issues related to the balance of private and public interests in the disposal of the spouses’ common property. The author suggests that in some cases the spouses’ private property interest contradicts public interests in the form of the state's interest in ensuring the stability of civil turnover, as well as the business entities effective operation. Analyzing this problem, the author comes to the conclusion that the violation of the balance of private and public interests in the exercise of the spouse's property rights entails the occurrence of negative consequences not only for third parties, but also for society as a whole. Due to this, further improvement of family legislation should be carried out taking into account the presence of these public interests and the need to protect them.