Chapter 8. The contractual regime of spouses' property
In the United States of America the marriage contract is dedicated to Ch. 8, defining the concept of the marriage contract (Article 40), the conditions for its conclusion (Article 41), its content (Article 42), the conditions for its change and termination (Article 43) and the conditions under which the marriage contract can be recognized as invalid .
By the decision of the Nikulinsky District Court of the city of Moscow of 29.01.2007, left unchanged by the cassation instance, citizen A. was refused in satisfaction of the claims to the citizen of R. on the division of the common property of the spouses. By the decision of the judge of the Moscow City Court of 06.11.2007, in the transfer of the case for consideration on the merits to the court of the supervisory instance, he was also refused. At the same time, the courts proceeded from the fact that a marriage contract was concluded between the plaintiff and the defendant, which, in particular, disputed immovable property acquired during the marriage and the right to which was registered in the name of the respondent, is attributed to her sole property.
By the decision of the magistrate of the court section No. 182 of the district "Prospect Vernadsky" Moscow on December 24, 2007, A. was refused in satisfaction of the claims for R. on the recognition of the marriage contract invalid and the application of the consequences of the nullity of a void transaction. At the same time, the court proceeded from the fact that the claimant had missed the limitation period for applying to the court, and there was also no evidence that the disputed marriage contract was a feigned bargain.
Introduced by the US SC Institute of contractual property of spouses, as evidenced by judicial practice, was not widely used. Spouses and persons wishing to marry, for various reasons, do not use the opportunity to conclude a marriage contract. However, sometimes, in practice, there are disputes related to the operation of the concluded marriage contract. Let's turn to the analysis of the rules themselves, regulating the marriage contract and the practice of their application.
The marriage contract, according to Art. 40 of the United States of America, there is an agreement of persons entering into marriage or a spouse's agreement defining the property rights and duties of spouses in the marriage and (or) in case of its dissolution.
Only the property rights of the spouses can be settled by the marriage contract.
As a general rule, the marriage contract is unlimited, but the agreement can be of an urgent nature, i.e. be for a certain period of time.
The marriage contract comes into force only from the date of state registration of the marriage.
The marriage contract is concluded in writing and is subject to notarization (paragraph 2 of Article 41 of the Criminal Code of the United States).
So, I. and V. for a long time lived together without registering a marriage. Between them, they concluded a marriage contract, which determined the regime of joint and separate ownership of property. In 2000, relations between I. and V. deteriorated, and they stopped living together. They did not voluntarily share property with each other, since V. considered the contract illegal. I. appealed to the court with a lawsuit on the division of property and asked to apply the marriage contract. The court refused to satisfy the claim, referring to the fact that the agreement of persons who are not in a registered marriage does not apply the norms of Ch. 8 SC USA.
In another case, the spouses V. and S. entered into a marriage contract, in which they determined the property regime, and also settled some personal rights and obligations with regard to children: in case of divorce, children remain from C, and B. refuses from the right to communicate with them. V. can not also represent the interests of children in relations with third parties. In addition, he was released from the obligation to keep children. After the dissolution of the marriage, V. filed a lawsuit with the court on the recognition of the marriage contract as invalid, referring to the illegality of its content. The court satisfied the claim, referring to the fact that according to Art. 42 SK of the United States of the spouse has the right to regulate in the marriage contract their rights and responsibilities for mutual maintenance, ways to participate in each other's income and other issues relating to property rights. The marriage contract can not limit the legal capacity or capacity of the spouses, their right to apply to court for the protection of their rights, regulate the personal relationship of the spouses, rights and duties of the spouses against children.
E. appealed to the court with a lawsuit against V. and L. on the recognition of the marriage contract as null and void.
In support of the claim, E. pointed out that on December 7, 1998 between L. and V. was a marriage contract, under the terms of which all the property, as well as income received by the spouses, and property acquired from these funds, will be considered personal property of L. The plaintiff asked to recognize the agreement as null and void, believing that his imprisonment violated her rights and rights of the minor daughter E., born in 1997, whose father is the defendant. The conclusion of such an agreement deprives her of the opportunity to receive alimony for the maintenance of the child. In addition, the contract is alleged and its formulation is due to the fact that V. had difficulties in carrying out business activities and there were concerns about possible seizure of property.
The court's claim is satisfied, the contract is considered null and void.
Reversing this decision, the court board indicated that the court's finding of a violation of E.'s rights to receive child support in connection with the conclusion of the contract is not based on law.
According to Art. 3, 4 of the CCP of the United States the right to petition the court is endowed with a person whose rights, freedoms and legitimate interests are violated. Based on a literal interpretation of the above rule, the protection of violation of rights in the future is not provided. The actual violation of the rights of E. and her minor child is not available, and the fact that E.'s rights may be violated in the future by non-payment of alimony, the impossibility of obtaining property by inheritance are of a presumptive nature and can not serve as grounds for recognizing the treaty as null and void.2
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