Arivanyuk T. "Legal Regime of the Right of Ownership of the Spouses."

The thesis discusses the issues of the legal regime of the right of ownership of the spouses under the existing Code of Marriage and Family of Ukraine and under the new Family Code of Ukraine of 2002, which shall come into force on January 1, 2003. The thesis analyses the development of an institution of the right of ownership of the spouses, defines the notion of the right of ownership of the spouses and of the legal regime of the common property. It examines the legal grounds and conditions of the development of the right of the common ownership on the property acquired during the marriage, as well as the specifics of the exercise by the spouses of rights and powers as to the common and private property. Termination of the right of common ownership through partition, as well as the principles and the order of such partition by the spouses and by the court are reviewed. Theoretical conclusions concerning the legal regime of the common and private property, together with specific recommendations as tothe improvement of the legal scheme of the property of the spouses are formulated.