The legal regime of individual use items as part of the spouses' property
Keywords:
legal regime of marital property, division of common marital property, personal items, luxury goods, jewelryAbstract
The authors show the imperfection of paragraph 2 of Article 36 of the Family Code of the Russian Federation, in which the legislator uses vague or insufficiently defined concepts when establishing the regime of objects of individual use as part of the property of spouses, which causes problems in the implementation and application of the law. It is proposed to update the wording of the law: to clarify the definition of objects of individual use, to abandon the concept of «jewelry», to assess property as luxury, taking into account the level of property well-being of a particular family, to supplement the composition of the spouses' common property with objects of artistic, historical or other cultural value, and also to determine the legal regime of animals acquired during marriage.