PROPERTY RIGHTS OF SPOUSES THROUGH THE PRISM OF THE TRANSFORMATION OF THEIR JOINT PROPERTY

Abstract

The purpose of the article is to improve the protection of property rights of spouses by clarifying effective legal mechanisms for restructuring such rights in the process of transforming their joint property. Research methods: the method of complex analysis, comparative law and logical-legal was used when studying regulatory legal acts and judicial practice on the topic of research, identifying conflicts in legal regulation. Formal-legal and structural-functional methods were used to establish the features of the contractual regulation of the restructuring of property rights of spouses. Results: the key provisions of the Family and Civil Codes of Ukraine, which regulate the joint property of spouses and the methods of dividing their joint property (including the allocation of shares, compensation mechanisms and distribution of corporate rights), are analyzed; the approaches to the division of marital property in court, formed by judicial practice, are clarified; the problematic issues of restructuring the property rights of spouses in the process of transforming their joint property are outlined; revealed conflicts between family and corporate legislation in the legal regulation of property rights of spouses; emphasized the importance of the marriage contract and property division agreements for regulating property relations of spouses; identified preventive restructuring of property rights in the marriage contract and in particular monetary compensation as effective ways to protect the property rights of spouses during the division of their property. Discussion: dispositive and jurisdictional procedures for restructuring property rights during the division of marital property; compensatory model for restructuring property rights; presumption of community of income received by an individual entrepreneur during marriage; corporate rights as an economic asset subject to fair redistribution taking into account the principles of equality of shares, good faith, and balance of private and corporate interests.