К вопросу о доктринальном понятии имущества семейного назначения

Abstract

The article substantiates the need to use in the family law doctrine the concept of “property for family purposes” to designate the property of parents that is objectively and stably connected with ensuring the child’s residence and with the fulfilment by parents of their duties of maintenance and upbringing. It is shown that the approach established in the doctrine, under which property relations between spouses and relations between parents and children are considered separately, does not fully take into account the specifics of cases in which property, while remaining in the ownership of one or both parents, is used for the fulfilment of parental duties. It is argued that the use of the term “family property” in this case appears to be erroneous, since the family is not an independent subject of property rights, and the proposed construction does not constitute a new type of real right. Special attention is paid to residential premises, since it is precisely in relation to this object that the circumstance that its owner is simultaneously both a spouse and a parent of the child living in the premises acquires key significance. It is concluded that the concept of “property for family purposes” is important as a doctrinal qualifying construction that makes it possible to take into account legally significant circumstances when resolving family and housing disputes.