3.4.Ter onderbouwing van haar stellingen heeft de vrouw een rapport van het Internationaal Juridisch Instituut gedateerd 28 mei 2014 in het beding gebracht. De bij dit rapport gevoegde bijlage bevat een Engelse vertaling van de wettelijke bepalingen. Nu beide partijen hun stellingen hebben gebaseerd op deze tekst is de inhoud daarvan niet in geschil. Het hof zal daarom bij de beoordeling eveneens van deze tekst uitgaan. Voor zover van belang houden deze bepalingen het volgende in:
Wetboek voor Familierecht van de Russische Federatie (hierna: Russisch Familiewetboek)
Artikel 34
The Spouses’ Joint Property
1.
The property acquired by the spouses during their marriage, shall be their joint property.
(. . .)
Artikel 38
Division of the Spouses’ Common Property
1.
The division of the spouses’ common property may be effected both during the period of the marriage and after its dissolution upon the demand of one of the spouses (. . .).
2.
The spouses’ common property may be divided between the spouses by their agreement. (. . .)
3.
In the case of a dispute, the division of the spouses’ common property and also the delineation of the spouses’ shares in this property shall be effected in court. While dividing the spouses’ common property, the court shall define, at the demand of the spouses, what property shall be subject to transfer to each of the spouses. If the value of the property transferred to one of the spouses exceeds the share due to him, the other spouse may be adjudged the corresponding monetary or other kind of compensation.
(. . .)
7.
To claims for dividing the common property made by the spouses whose marriage was dissolved, a three-year term of legal limitation shall be applied.
Artikel 39
Delineation of the Shares in the Division of the Spouses’ Common Property
1.
When dividing the spouses’ common property and delineating the shares in this property, the spouses’ shares shall be recognized as equal (. . .).
2.
The court shall have the right to depart from the principle of equality of the spouses’ shares in their common property, proceeding from the interests of underaged children and (or) from the essential interests of one of the spouses, in particular, in the cases, when the other spouse did not derive any income because of invalid reasons, or if he/she squandered the spouses’ common property to the detriment of the interests of the family.
(. . .)
Burgerlijk Wetboek van de Russische Federatie (hierna: Russisch Burgerlijk Wetboek)
Artikel 252
Division of the Property in the Share Ownership and the Setting Apart of a Share from It
1.
The property, which is in the share ownership, may be divided between its participants by an agreement between them.
(. . .)
3.
If the participants in the share ownership have failed to come to an agreement on the way and the terms for the division of the common property (. . .), the participant in the share ownership shall have the right to claim through the court that his share be set apart from the common property in kind. If the setting apart of the share in kind is not admitted by the law or is impossible without causing an inordinate harm to the property in the common ownership, the withdrawing owner shall have the right to the payment out to him of the cost of his share by the other participants in the share ownership.
4.
The rift between the property, set apart in kind to the participant in the share ownership on the ground of the present Article, and his share in the right of ownership shall be eliminated by paying out to him of the corresponding sum of money or by the other kind of compensation.
(. . .)
Artikel 254
Division of the Property in the Joint Ownership and the Setting Apart of a Share from It
(. . .)
3.
The grounds and the order for the division of the common property and for the setting apart of a share from it shall be defined according to the rules of Article 252 of the present Code, so far as no other rules have been laid down for the individual kinds of the joint ownership by the present Code and by the other laws or follow from the substance of the relationships between the participants in the joint ownership.
(. . .)”