APPLICATION OF PRESCRIPTIVE LIMIT IN FAMILY RELATIONS Cover Image

ПРИМЕНЕНИЕ ИСКОВОЙ ДАВНОСТИ В СЕМЕЙНЫХ ОТНОШЕНИЯХ
APPLICATION OF PRESCRIPTIVE LIMIT IN FAMILY RELATIONS

Author(s): Elena Ivanovna Gladkovskaya
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Sociology, Social development, Family and social welfare, Sociology of Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: prescriptive limit; scope of application; invalidity of marriage contract; legal regime of property of spouses; contractual regime of property of spouses;

Summary/Abstract: Determination of the scope of application of the prescriptive limit in family relations is a special case of application of civil law to family relations. The prescriptive limit extends to the requirements implied by family relations only in cases stipulated by p. 3 of art. 35, p. 7 of art. 38, and p. 4 of art. 169 of the Family Code of the Russian Federation. Absence of other limitation periods for defense of the rights violated in family is explained by the branch-wise nature of civil law and by the specificity of civil law in Russia stipulated by it. Suggestions on extension of the presented list by p. 2 of art. 35 and art. 107 of the Family Code of the Russian Federation disagree with the principles of application of the prescriptive limit to family relations. Refusal to satisfy the claims for annulment of marriage contracts only due to the barred period of limitation in the presence of lawful grounds for such acknowledgment, contrary to art. 9 of the Family Code of the Russian Federation, extends the scope of application of the prescriptive limit to family relations. Invalidation of the marriage contract, including on the grounds of invalidity of transactions, does not convert property relations of spouses based on it to civil relations, because they are bound by the contractual regime of property of spouses. Possibility of protection of the property rights of the spouse by themselves by return to the legal regime for property resulting from invalidation of the marriage contract on any lawful ground cannot be limited by the prescriptive limit.

  • Issue Year: 158/2016
  • Issue No: 2
  • Page Range: 383-390
  • Page Count: 8
  • Language: Russian