Oliynyk O. The marriage contract: comparative and legal analysis of different legal systems

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U003641

Applicant for

Specialization

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

22-09-2009

Specialized Academic Board

К 26.500.01

Essay

Dissertation is dedicated to study of factors, tendencies and regularities of establishment and development of marriage contract institution both in Ukraine and in separate countries of Romanic-Germanic and Anglo-Saxon legal families. The author analyzed legal status of spouses' property and explicated their essential peculiarities and differences. Correlation of legal and treaty regimes of married couple property is analyzed. The author studied peculiarities of legal regulation of spouses' relations by means of legal contract in separate countries of Romanic-Germanic and Anglo-Saxon legal families. Condition and prospects of development of marriage contract institution in Ukraine are examined separately. A concept, legal nature, peculiarities of subject composition and contents of agreement of marriage are researched. Intersectoral civil-family basis of an agreement of marriage and possibility of personal non-property relations of married couple regulation by agreement of marriage are proved. The work suggests analysis of main conflict rules that arise in the process of marriage contract conclusion concerning regulation of spouses' privity and personal relations in legal relations with foreign elements. The author formulated suggestions concerning improvement of current norms of Ukrainian legislation in relation to marriage contract

Files

Similar theses