RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of February 20, 2023 No. 3

About practice of application by courts of the legislation by hearing of cases on the Section of common property of spouses

For the purpose of ensuring uniform and correct use of the provisions of the law by courts in case of the dispute resolution about the Section of common property of spouses, based on article 22 of the Law of the Republic of Uzbekistan "About courts" the Plenum of the Supreme Court decides:

1. Explain to courts that the Section of common property is possible in the claim of spouses during scrap, along with consideration of the case about annulment of marriage, and also after annulment of marriage.

Except spouses, with the claim for the Section of common property of spouses also the creditor in need of the address of collection on share of one of spouses in common property has the right to address.

For the benefit of the incapacitated spouse the action for declaration can be declared the Section of common property of spouses by his guardian (part one of Article 66 of the Code of civil procedure of the Republic of Uzbekistan (further - GPK).

About determination of share of the died spouse in common property and its Section his heirs (Article 1114 of the Civil code of the Republic of Uzbekistan have the right to show the action for declaration (further - group of companies).

2. Actions for declaration on this category of cases on general rules of cognizance are filed a lawsuit at the place of residence or in the place of regular occupation of the defendant. In case of adoption of the action for declaration it is necessary to consider also rules of exclusive cognizance, stipulated in Clause 35 GPK.

3. Considering that the property which is in ownership or use at the parties or on any bases at the third parties judicially is subject to the Section (for example, according to lease agreements, free use by property, storages and to that similar), courts in case of acceptance of the action for declaration and preparation of case for legal proceedings need to find out the corresponding data on property.

By preparation of cases of this category for legal proceedings the court based on the statement of the parties or on the initiative shall take measures for providing the claim.

Questions of term of preserving measures of providing the claim and their cancellation are regulated based on requirements of Article 112 GPK.

4. For the correct dispute resolution about the Section of common property of spouses courts, first of all, need to establish what property which is in their ownership and use under the law is their common joint property and what - property of each of spouses.

The structure of common joint property of spouses is determined based on article 23 of the Family code of the Republic of Uzbekistan (further - SK).

In case of permission of question of recognition of property common joint property does not matter addressed to which of spouses the property or which of them deposits money is drawn up.

The property acquired addressed to one of them in pursuance of maintenance obligations based on the written agreement of spouses is not common joint property of spouses.

5. The property belonging to each of spouses before marriage, gratuitously received by one of them during scrap, and also the things of individual use of spouses acquired during scrap at the expense of general means of spouses are personal property of each spouse and are not subject to the Section. Exception are the jewelry and other luxury goods acquired during scrap at the expense of general means of spouses (Article 25, 26 CK).

6. Owing to parts six and the seventh article 27 SK of thing, acquired for requirements satisfaction of minor children (clothes, footwear, school and sports supplies, musical instruments, children's library and others), and also the contributions made due to common property of spouses addressed to minor children are considered belonging to these children, are not considered in case of the Section of common property of spouses and transferred without compensation to that from spouses with which children live.

7. If before annulment of marriage of the spouse stopped the family relations, that is lived separately and separately used the income, did not acquire property on general means, the court according to part five of article 27 SK can recognize the property acquired by each of spouses after the termination of the family relations, property of each of them and make the Section only of that property which is acquired by spouses by the time of the termination of the family relations. Presentation of the counter action about recognition of the property acquired after the termination of the family relations, property of each of spouses not necessarily.

8. If during marriage the property value, belonging to each of spouses considerably increased, this property upon the demand of the interested spouse can be acknowledged as court joint property. In case of permission of such requirement it is necessary to find out at the expense of what investments, that is common property, property of each of spouses or work of one of spouses, the cost, and also property condition considerably increased to marriage and after the investments (part two of article 25 SK) made in scrap.

9. In case of permission of question of the Section of common property of spouses if between them the marriage agreement is not signed, courts should be guided by the regulations provided in Chapter 5 of SK.

In the presence between spouses of notarially certified marriage agreement the property is subject to the Section on the conditions containing in the marriage agreement.

In cases when in the marriage agreement the mode of common joint property (article 23 SK) concerning separate types of property is changed, the property which is not specified in the marriage agreement is subject to the Section according to the procedure, established by the law.

At the same time it must be kept in mind that according to part five of article 31 SK of condition of the marriage agreement which put one of spouses in extremely adverse position (for example, the property rights to the property acquired in scrap which are completely depriving of one of spouses) can be acknowledged invalid upon the demand of this spouse.

10. Upon the demand of one of spouses the court can depart from equality of shares of spouses in their common property on the bases provided by part two article 28 SK. Departure from equality of shares of spouses shall be in detail motivated in court resolution.

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