REGULATION OF THE SPOUSES’ RIGHT TO JOINT PROPERTY IN EU STATES: COMPARATIVE LEGAL ANALYSIS

Abstract

Тhe paper is devoted to a comparative analysis of the features of the legal regulation of marital property relations in the countries of the European Union, taking into account the possibilities of using relevant experience in Ukraine. The article carries out a comparative legal analysis of approaches to determining the legal regimes of marital property, the procedure for its division, as well as mechanisms for ensuring a fair balance of interests of the parties in the event of termination of marriage. Special attention is paid to models such as "deferred community of property" and the system of equalization of property gains, which reflect a combination of the principles of separation of property during marriage and its redistribution after its termination.
A systematization of the main types of property regimes in European states is presented, which makes it possible to trace the general trends in the development of family law in the EU and can become a methodological basis for improving the national legislation of Ukraine on the regulation of marital property relations.
In the paper is analyzed legislative changes in Denmark, Finland, Sweden and Germany, which indicate a general trend towards increasing the flexibility of legal regulation, detailing the composition of property and strengthening the protection of the rights of spouses. In particular, it reveals approaches to determining objects that are not subject to division, the legal regime of gift, the role of judicial practice in adjusting the results of division, as well as the importance of information openness regarding the property status of the parties. It is established that in most of the studied legal systems, important importance is attached not only to the formal equality of shares, but also to taking into account the real contribution of each spouse, which ensures the achievement of a fair result.
It is substantiated that the European experience demonstrates the expediency of improving the national legislation of Ukraine by expanding the variability of the legal regimes of marital property, introducing effective mechanisms to prevent abuse and strengthening the role of judicial control. It is proposed to pay attention to the possibility of consolidating the right of each spouse to receive information about the property status of the other, which will contribute to increasing the transparency of property relations and ensuring proper protection of the rights of the parties. The conclusion is made about the need for a systematic update of the civil legislation of Ukraine, taking into account modern European trends in the development of private law.