在财产分配过程中枪支作为夫妻共同财产的标的物

Rimma Rymarchuk, Viktoriia Shmyhovska
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引用次数: 0

摘要

乌克兰是一个民主法治国家,其立法应最大限度地尊重个人和公民的基本权利和自由。在任何时候,尤其是像现在这样困难的时候,都必须有效发挥一切可能的方式来保护和落实这些基本权利。在我们这个时代,遵守公平审判权非常重要。是的,许多案件都是在法庭上解决的,但最近有关财产分配的案件也很普遍。家庭法案件涉及许多重要的法律问题,如离婚、合法分居、财产和债务分割、子女监护权和探视权、子女和配偶赡养费、企业估值、健康和人寿保险、税务影响、养育子女和养老金等。在现代司法实践中,夫妻在婚姻存续期间根据共同共有权获得的财产分配案件中出现的问题越来越多。因此,表示希望解除婚姻关系的夫妻双方并不总是能够就财产分割问题自愿达成一致。因此,大量此类案件都是在法庭上解决的,而且经常会出现一些有争议的问题,而这些问题并不总是在现行法律中有所规定。一个有趣的问题是婚姻存续期间获得的武器的分配。在许多这种情况下,您可能会认为将枪支登记在自己名下就可以在离婚时保留所有权。不幸的是,情况并非如此。即使您的每把枪支都只登记在您的名下,这也不会影响法院做出的最终资产分配决定。如果武器是在婚姻存续期间购买的,无论登记文件如何,都将被视为共同财产。因此,武器不能被视为配偶一方个人使用的物品,因此不属于个人私有财产。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Firearms as an object of joint common property of spouses during the distribution of property
Ukraine is a democratic state governed by the rule of law, that is, one whose legislation should maximally respect the fundamental rights and freedoms of a person and a citizen. In any time, and especially as difficult as now, it is important to have effective functioning of all possible ways to protect and implement these fundamental rights. It is important in our time to observe the right to a fair trial. Yes, many cases are resolved in court, but recently cases about the distribution of property have become widespread. Family law cases involve many important legal issues such as divorce, legal separation, property and debt division, child custody and visitation, child and spousal support, business valuation, health and life insurance, tax implications, parenting and pensions . Problematic issues in cases about the distribution of property of spouses, acquired under the right of common co-ownership during the period of marriage, appear more and more often in modern judicial practice. Thus, a husband and wife who have expressed a desire to dissolve their marriage are not always able to voluntarily agree on the division of property on their own. Therefore, a large number of such cases are resolved in court, and quite often controversial issues arise that are not always regulated by current legislation. An interesting issue is the distribution of weapons acquired during marriage. In many of these situations, you may think that having the gun registered in your name is all that is needed to preserve ownership in a divorce. Unfortunately, this is not the case. Even if each of your firearms is registered in your name alone, this will not affect the final asset distribution decision made by the court. If the weapon was purchased during the marriage, it will be considered joint property regardless of the registration documents. Therefore, a weapon cannot be considered an object of individual use by one of the spouses, and therefore is not personal private property.
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