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Matrimonial property regime in private international law

Student: Timofeeva Kristina

Supervisor: Irina V. Getman-Pavlova

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Year of Graduation: 2017

K.V. Timofeeva Matrimonial property regime in Private International Law This master dissertation is aimed at a comprehensive analysis of the current legal regulation of family property relationships complicated by a foreign element through the conflict rules of international treaties and domestic legislation. The master dissertation consists of an introduction, two chapters, two paragraphs, a conclusion and a bibliography. Chapter I elaborates the types of legal regime of the spouses’ property and specific features of marriage contract in the national legislation of various states. Chapter II contains analysis of conflict regulation of family property relationships complicated by a foreign element and particularities of choice of law provisions. Based on this research the following conclusions were made: firstly, the regime of community of property and the regime of separation of property, and also «deferred community» regime; secondly, during the conclusion of a marriage contracts between persons having various citizenship or living in different countries, spouses need to carefully analyze the features of legal regulation of the marriage contract in the law of the country which they choose as applicable to their relations; thirdly, there are two procedures for determining the applicable law to the matrimonial property regime: general and contractual; fourthly, Russian legislation allows the possibility to use not only Russian, but also any other foreign law in respect of the family property relations complicated by a foreign element; fifthly, the family code of the Russian Federation establishes the principle of autonomy of the will of the parties according to property rights and duties of spouses based on the marriage contract, but at the same time limits the list of cases its possible applications. Academic Supervisor: Irina V. Getman-Pavlova, Candidate of Sciences (Ph.D.), Associate Professor

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