Khobor R. A marriage contract as a regulator of property relations of spouses

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000927

Applicant for

Specialization

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

20-04-2017

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The dissertation is a complex scientific research of the problems of legal regulation of property relations of spouses by a marriage contract. The features of formation and development of the institution of a marriage contract as a regulator of property relations of spouses in the national legislation are determined. The conceptual approaches for improving the mechanism of contractual regulation of property relations between spouses are proposed. The international legal experience of the regulation of property relations of spouses by a marriage contract is characterized. The legal nature of a marriage contract as a regulator of property relations of spouses is defined. The peculiarities of the legal status of members of a marriage contract are discovered. The specificity of the regulation of property relations of spouses by a marriage contract is determined. The features of the regulation of obligatory relationships of marriage by a marriage contract. The problems of the formation of the content of a marriage contract and the evaluation of its proper implementation are discovered. The moment of the origin of the rights of spouses according to a marriage contract is determined. The author defined the peculiarities and found out the legal mechanisms for property restitution during the recognition of a marriage contract invalid and its termination. The theoretical proposals and practical recommendations for improving the current legislation and judicial practice in the contractual regulation of property relations of spouses are developed.

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