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.

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