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Liability of Spouses for Obligations

Student: Makhova Elizaveta

Supervisor: Natalia Udalova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

This work is devoted to the analysis of legal norms, judicial practice and scientific literature that determine the procedure for contractual and tort liability of spouses for obligations. In the first chapter, the author considers the essence of personal and common obligations of the spouses, highlights the characteristic features inherent in family legal responsibility. The second chapter provides an analysis of the legal and contractual regime of spouses' liability for obligations, defines the procedure for foreclosing personal and joint property of spouses for both personal and collective obligations. The author investigates the grounds for invalidating the spouse's transactions made without the consent of the second spouse, as well as possible cases of disputing transactions by the creditors of the debtor spouse. The third chapter discusses the responsibility of parents for the actions of their minor children, namely for causing harm to third parties. The author analyzes situations in which not only parents, but also childcare organizations can be held accountable. Special attention is paid to the joint harm caused by minors, as well as the responsibility of persons deprived of parental rights. The scientific novelty of this scrutiny lies in the analysis of how legal regulation on the responsibility of spouses for obligations, including the identification of legal features of bringing spouses to responsibility for the actions of their minor children, as well as the impact of agreements concluded between spouses on the fulfillment of their obligations or in case of bankruptcy proceedings in relation to one of the spouses.

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