Common Property of Spouses in the Law of the Republic of Uzbekistan
Benazir Klicheva, Ekaterina RusakovaThe article examines the approaches of Uzbek and Russian civil law scholars to defining the concept and composition of spouses’ joint marital property. It also analyzes judicial practice in the Republic of Uzbekistan regarding the distribution of spousal obligations during the division of common property. Unlike Russian civil law, where joint debt obligations are the subject of numerous studies, this issue has received little attention in Uzbek legal doctrine. The analysis of judicial practice reveals a lack of a uniform approach: some courts recognize spouses’ debt obligations as joint, while others do not. The authors propose renaming Article 23 of the Family Code of the Republic of Uzbekistan from Joint Marital Property of Spouses to Common Property of Spouses. In addition, they propose expanding the list of objects constituting common property by including not only material assets but also spouses’ property rights and obligations.