Nikitуuk O. Protection and defence of common property rights of spouses in the civil process

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003275

Applicant for

Specialization

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

13-06-2017

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

In the dissertation based on a comprehensive study of theoretical and practical problems related to the protection and defence of the rights of common property of spouses, provisions were developing aimed at improving the theory of the civil process on the right of common property of spouses and proposals were madden to improve the domestic legislation. The author proves a position according to which the family cannot be allocate as the certain subject of family legal relationship as has no corresponding signs, unlike the spouse; the law is allocated with such signs. Family members, living in common are in charge of housekeeping and acquire property, have the right to sign the family contract. The author specifies that the integral signs of the family contract should be consider relative and personal character of the relations between the parties of the contract. The contract in family law can regulate both personal non-property, and property legal relationship of subjects of family law.

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