Peculiarities and case law regarding the division of the spouse’s claim arising from a loan agreement
On January 5! 2024! the Supreme Court! consisting of a panel whatsapp number list of judges of the Second Division of the Judicial Chamber of the Civil Court of Cassation! in case No. 755/12204/18! proceedings No. 61-2401св21 (EDRSRU No. 116639178)! examined the issue of claims for the recognition of funds as joint property of spouses and their division.
One of the key issues in this case is how to divide the claim
The Court of Cassation notes that the parties to an obligation are the debtor and the Division of the creditor (Part One of Article 510 of the Civil Code of Ukraine). The content of an obligation is the rights and obligations of its subjects. The subjective right that the authorized party to an obligation has is called the right of claim ! and the subjective obligation of the obligated party is a debt .
In private law! there are numerous situations in which a particular subjective right (in particular! a right of claim arising from a loan agreement) belongs to two or more subjects. In this case! in various areas of private law! this is valid if the franchisor himself the legislator constructs the corresponding legal regimes and! taking into account the essence of the rights! the corresponding constructions are “built”.
In particular: in the field of property law – joint ownership (Chapter 26 of the Civil Code of Ukraine! Chapter 8 of the Civil Code); in the field of obligations law – obligations with a plurality of persons (Articles 540 – 544 of the Civil Code of asb directory Ukraine); in the field of intellectual property – community of rights (Article 428 of the Civil Code of Ukraine) (see! in particular.
The resolutions of the Supreme Court composed
The panel of judges of the Second Judicial Chamber of the Civil Court of Cassation dated May 8! 2019 in case No. 646/1750/17 (proceedings No. 61-17405св18)! dated November 8! 2023 in case No. 755/3412/22 (proceedings No. 61-2470св23); Krat V.I. Commentary on Article 493 Subjects of intellectual property rights for a trademark // Civil Code of Ukraine: scientific and practical commentary. Vol. 4: Intellectual property rights / edited by I. V. Spisaby-Fateeva. – Kharkiv: EKUS! 2023. – P. 447! 449)).