Sapeyko L. Legal adjusting of alimony duties of parents and children.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U001540

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

27-02-2004

Specialized Academic Board

К.64.700.03

Essay

Historic and law aspects of forming the institution of alimony obligations of parents and children and their doctrines of Civil and Family Law are presented in this dissertation. Positive adjusting of these relations depended on economic and social changes of society. They were based on ancient traditions to keep children and, when parents being disabled, their children had to keep them.The system of adjusting of property relations in family based on children equality of rights, the duty to keep and educate children when the parents are divorced, law duty to pay alimony to those who needs, periodicity to pay them, expansion of rights for the participants of domestic relations, admission of contractual payment of alimonies on a child, determination of size and terms of payment, waiver of the fixed particles which are subject to the penalty at the expense of alimony, perception of agreement on termination of rights to alimony for a child in connection with transference of the to property and immovable property, etc are given in this work. The researcher has cleared up the essence and main features on alimony obligation, correlation between the notions of alimony obligation and alimony, peculiarities of paying alimony in foreign countries, its functional designation, modern tendencies of developing and providing of implementation, legal nature of agreement about payment of alimony, peculiarities of its signing and implementation, advantages and disadvantages, specifics of making a person do his or her alimony duties. The moment of foundation of alimony obligation is specified. Taking into account the right to decent level of living the author considers it justified to differentiatively approach to determining the size of alimony paid based on the principle of justice and interests of children. Suggestions on improving the current legislation are substantiated and drafts of changes and amendments are formulated.

Files

Similar theses