Sydorenko D. Invalidity of marriage in family law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002662

Applicant for

Specialization

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

29-05-2019

Specialized Academic Board

К 70.895.02

Khmelnytskuy university of management and law Leonid Yuzkov

Essay

The dissertation is devoted to the study of the legal nature of the institute of invalidity of marriage, the legal conditions for invalidity of a marriage, legal consequences arising in connection with the recognition of marriage as invalid by court or annulment of an act record of marriage, which is invalid in accordance with the law. The concept of modern understanding of the notion, legal nature of the institute of invalidity of marriage and legal consequences arising in connection with the recognition of a marriage by an invalid court or annulment of an act recording of a marriage that is invalid in accordance with the law is developed in the work. Author analyses theoretical and legal principles of research of the institute of invalidity of marriage; the peculiarities of the formation and development of legislation that was active in the Ukrainian lands regarding legal regulation of marriage nullity were revealed; the notion of "invalidity of marriage" is formulated and its content and legal characteristics are highlighted, the place of invalidity of marriage among other similar legal institutes is determined, such as: dissolution of marriage, termination of marriage, recognition of unmarried marriage; the content of absolute and relative grounds of invalidity of marriage established by the current legislation is disclosed, in particular, the conclusion of a marriage with a person who is simultaneously in another registered marriage between persons who are relatives or have another kinship in violation of the principle of voluntariness without the intention of creating a family and the acquisition of the rights and responsibilities of the spouses, the conclusion of a fictitious marriage and violation of other requirements for marriage, taking into account the achievements of legal doctrine, foreign experience and law enforcement practices, justifies the need for you division of other grounds of invalidity of marriage; the content of general and special legal consequences of marriage invalid for a fair and unscrupulous person is disclosed, including in connection with the cancellation of the record of marriage by the state bodies for the registration of acts of civil status; The propositions and recommendations of the theoretical and practical character concerning the improvement of the current legislation in the context of the topic of research are described. Key words: invalid marriage; nullifying a marriage; the condition of validity of marriage; legal consequences of invalidity of marriage.

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