Liability of spouses for common obligations in the case of insolvency (bankruptcy) of one of the spouses
Keywords:
bankruptcy, spouses, marital property, obligation, joint and several liabilityAbstract
The article examines the issues of joint liability of spouses for common obligations arising from contracts concluded only by one of the spouses on his/her behalf without confirmation of consent to the transaction by the other spouse. Attention is drawn to the gaps and inconsistencies of family and bankruptcy legislation, which creates various problems when applying the rules on marital obligations in cases of bankruptcy of individuals. It is concluded that in a bankruptcy case of one spouse, the creditor's claims for common obligations cannot be satisfied at the expense of the personal property of the other spouse. The proposal on the need to supplement the legislation on bankruptcy of individuals with rules on joint bankruptcy of spouses is substantiated.