JOINT COMMON PROPERTY IN TRANSNATIONAL CIVIL AND COMMERCIAL PROCEEDINGS

Abstract

The article is devoted to the study of the legal aspects of removing property from joint common ownership 
in private international law. In the contemporary context of active population mobility, the spread of transnational 
marriages, and the emergence of new legal formats of family-property relations, the issue of legal regulation 
of such processes acquires particular relevance. The research focuses on identifying conflict-of-law rules 
and legislative gaps in the legal framework of Ukraine in comparison with European standards, as well as on 
analyzing the development trends of the institution of joint common ownership in the context of recognition 
of various forms of marital unions.
The paper examines the legal consequences of recognition or non-recognition of same-sex 
marriages, the specific features of marriages concluded according to religious canons, and identifies 
the risks of circumvention of the law in the process of removing property from the regime of joint common 
ownership. Particular emphasis is placed on the importance of legislative harmonization and the introduction 
of mechanisms ensuring a balance between private interests of the parties and the public policy of the state. 
The results of the study have both theoretical and practical significance, especially for judicial and notarial 
practice in cases complicated by a foreign element.
In modern private international law, the issue of removing property from joint common ownership 
arises in connection with the dynamic development of family-property relations, globalization processes, and 
the growing number of marriages involving a foreign element. Differences between national legal systems, 
particularly in defining the legal status of matrimonial property, create complex conflict-of-law situations that 
require consistent approaches to interpretation and application of legal norms. The core problem lies in the fact 
that the current Ukrainian legislation, despite incorporating general principles of private international law, does 
not provide comprehensive regulation of property division or removal in cases of mixed or religious marriages, 
as well as partnerships that are not recognized as traditional forms of marriage.