Family and Matrimonial Law
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Peer reviewed
Abstract
Abstract
The article is devoted to examining the features and problems of legal regulation of two aspects of spouses acquiring property by donation: donation between spouses and donation to spouses from third parties. The possibility of qualifying a donation agreement between spouses as a disposal of a share in common property is considered, an analysis of the Supreme Court of the Russian Federation position on this issue is given. The author agrees with an assumption of donation between spouses, however considers amendments to the family legislation reasonable. Criteria for determining the legal consequences of a donation agreement from third parties in the form of transfer of ownership to one or both spouses are proposed. The author concludes that there is no clear legal regulation in this sphere and proposes to fill the identified gaps.
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@article{Urusova2026paper,
title = {Проблемы правового регулирования дарения как способа приобретения имущества в браке},
author = {Ekaterina R. Urusova},
journal = {Demidov Law Journal},
year = {2026},
doi = {10.18255/2949-3439-2026-3-234-241},
url = {https://doi.org/10.18255/2949-3439-2026-3-234-241}
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