Lisovyi S. Division of marital property

The dissertation is devoted to a comprehensive study of the legal regulation of the division of spouses’ joint property in Ukraine in the context of the Europeanization of private law, digitalization, and the transformation of family relations. The study analyzes the genesis of legislation, identifies the stages of its development, and determines the influence of EU law, international treaties, and the case law of the European Court of Human Rights on the modernization of national regulation. The principles of property division are substantiated, in particular equality, fairness, freedom of contract, consideration of the interests of the child, and the good faith of the parties. The specific features of voluntary and judicial division of property, division of property rights, virtual assets, electronic money, as well as property in the bankruptcy procedure of one of the spouses, are revealed. A classification of agreements between spouses concerning property is proposed, and the stages of its division are identified. Proposals are formulated for improving the family legislation of Ukraine, harmonizing it with European standards, and enhancing legal certainty.