Shershnova O. Child Support Obligation in Private International Law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U003176

Applicant for

Specialization

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

07-04-2015

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

In the thesis the author has studied whole complex of issues of international private, family and procedural law in the field of child support in the present conditions. The focus has a special legal regulation on the content of the child's maintenance by their parents in private and private international law of Ukraine and foreign countries. The attention is paid to the concept, nature and evolution of the institute of child support; analysis of the legal regulation of performance child support obligation, to collision problems and conflict rules in mentioned relations, to all aspects of unification of law in the area of child support, taking into account the current trends. Child's (dependents) interests may suffer as a result of circumvention of the law, conflict of qualifications, reservations application of "odre public" etc. This is only a partial list of conflicting problems at the stage of proceedings on maintenance and alimony or recognition and enforcement of decisions in the relevant foreign country. The issue of proper maintenance duty always attracted the attention of various international organizations, including the Hague Conference on Private International Law, the United Nations (UN) and others. Currently operates a significant number of universal international instruments to facilitate the receipt of payments. Unification of material law and conflict of laws in this area was carried out at the level of regional acts, bilateral treaties, regulations and directives of the European Union (EU). Today Ukraine takes part in two Hague Conventions on maintenance obligations, however, some important international documents remain unnoticed by the Ukrainian legislator. The subject of our study is the regulation of parental duty to support the child in private international law (hereinafter - the international private law). Taking into consideration the euro-integration aspirations of Ukraine the national legislation has been analyzed and was formulated proposals for its improvement, prospects of practical accounting best foreign experiences, aspects of successful implementation of the Hague Convention 2007 and its Protocol.

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