Ovchatova-Red'ko A. Property legal relationships of a woman and a man, which are in actual marriage, according to the legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U004943

Applicant for

Specialization

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

02-10-2009

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The thesis is dedicated to research of theoretical and practical questions of the legal adjusting of property relations in an «actual marriage». The issue of the legal adjusting of an actual marriage relations has been analysed in the Roman private law and derivative legal systems, and also in Ukraine. The concept of the actual marriage has been investigated in details as a ground of origin of legal relationships and types of legal relationships which are between a woman and a man in an «actual marriage». Such categories as «actual marriage», «family» etc. are also analysed. It is marked that confession of «actual marriage» by foundation of origin of «allegedly domestic» legal relationships, requirements of certain formalization of its concept, in particular in establishment of signs of such «marriage». Some determining questions of characteristic of marriage (marriage-domestic, domestic) legal relationships of the «actual matrimony» and their types are examined. The maintenance of legal relationships of common property of a man and a women, which are in an actual marriage and also peculiarities of occurrence of the right and the termination «discontinuance» of the right of ownership of such matrimonies have been analysed, legal relationships of alimonies of the «actual matrimony» and agreements in relation to their mutual maintenance have been explored. The suggestions in relation to improvement of number of norms in current legislation on questions of settlement of property relations in the «actual matrimony» and elimination of conflicts between Civil Code and Family Code of Ukraine have been formulated. "

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