Tripulskyy G. Remedial features of consideration of disputes which are connected with occurrence, realisation and change of personal non-property legal relations between parents and children.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U001967

Applicant for

Specialization

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

14-04-2008

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is devoted to the research of procedural features of consideration of the cases arising from personal non-property legal relationships of parents and children. On the basis of the analysis of theoretical researches and legislation provisions the author defines an order, forms and modes of protection of the parents' and children's personal non-property rights. In the thesis preconditions for going to the court for protection of the broken, not recognised or challenged personal non-property family right are defined, the order of proceeding opening in the cases involving parents' and children's personal non-property rights and duties is considered, differentiation of the competence of courts of civil and an administrative jurisdiction for consideration of the named affairs is given, their jurisdiction is defined. Questions of the procedural status of the persons who are taking part in cases following from family relations are considered. On the basis of the analysis of a material legal and a procedural interest of these persons the persons entering the case in their own interests and accordingly being plaintiffs or respondents, and the persons entering process for protection of interests of other persons, in particular interests of the child, are defined. The fact in proof in the given category of cases is investigated, the characteristic of the basic sources of proofs is given, importance of such kind of proofs as testimonies of the parties and their representatives interrogated as witnesses in particular is underlined. Specificity of judgements on the cases involving personal legal relations of parents and children is elucidated, the order of execution of the specified decisions is considered. On the basis of the research the author has made offers and recommendations concerning improvement of the current legislation concerning protection in a judicial order of the parents' and children's personal non-property rights."

Files

Similar theses