After ten years of marriage, the spouses Sidorova divorced. In the hearing in the division of jointly acquired property Sidorov asked to recognize her right to half the royalties owed to her husband for the publication of his book, written in the period of their joint lives. According to Sidorova, the fee cannot be considered joint property of spouses, pursuant to article 256 of the civil code, since the fee has not been received. Sidorova drew the court´s attention to an article by doctor of legal Sciences, which States that royalties become the joint property of the spouses from the moment of its accrual and not from receipt of one of the spouses. A similar explanation is given in the commentary to article 256 of the civil code. In addition, she was aware that another district court, considering the same case, the action for partition accrued but not received the honorarium granted.
• What should guide the court when deciding on the case?
February 10, 2006 engineer Kolesov by plane from Moscow to Novosibirsk flew on a business trip. February 12 on the radio in the program "news" wife Kolesov heard about the disaster that crashed the plane, EN route flight Moscow—Novosibirsk. She asked for information in a Moscow airport from which you departed husband, and she was told that indeed the aircraft at high altitude for unknown reasons, lost control, fell and broke. In accordance with the lists of registered passengers Kolesov has received information that her husband, in all probability, dead.
February 15, Kolesov appealed to the notary office to get the certificate on the inheritance of the apartment in which she and her husband had lived since she was the sole heir.
• About the time frame of the civil code for declaring a citizen as deceased?
• Which of these terms should be taken into account in this case and why?