Problematic issues of recognizing the common duty of spouses
Keywords:
spouses, joint debt of spouses, bankruptcy, joint and several property, personal debt of a spouse, creditors, claim for recognition, claim for award, limitation periodAbstract
The research objectives include: analyzing the existing judicial practice approach to recognizing a joint debt as a claim for recognition and a claim for award; identifying theoretical and practical contradictions in the current models; and substantiating the need for a unified approach to understanding the procedure for recognizing a joint debt in law enforcement practice to ensure a balance between the interests of spouses and creditors. The object of the study is the obligatory relations between spouses and creditors, as well as the legal relations that arise in the process of judicial protection of rights in the context of bankruptcy of one of the spouses. The subject of the study is the issue of applying the statute of limitations to claims for recognition of a common debt of the spouses. The methodological framework of the study includes system-structural, comparative-legal, and formal-logical methods, as well as the method of legal modeling.