Cohabitation and household management as a constructive element of property relations: causes of emergence, transformation, and potential solutions

Abstract

The origin of the institution of "cohabitation and joint household management" as an essential element of marriage is analyzed. The author identifies the reasons for its formation within judicial practice and critiques its contemporary interpretation as outdated. It is asserted that "cohabitation" should not be reduced merely to the physical presence in a single location. Based on the research, the necessity for a radical reassessment of the application of this norm is demonstrated. Two solutions to the problem are proposed, along with a formulation for the Resolution of the Plenary Session of the Supreme Court of the Russian Federation. In conclusion, the author provides a personal definition of the analyzed institution.