Skichenko A. Court consideration of cases on protection of personal non-property rights of spouses.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101428

Applicant for

Specialization

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

05-05-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The dissertation is a monographic study, which presents the results of scientific analysis of the features of protection of personal non-property rights of spouses in lawsuits and separate proceedings in courts of civil jurisdiction. The concept is formulated and the characteristic of the content and conditions of formation of the subject of proof in cases of protection of non-property rights of the spouses is given. The paper examines the legal regulation of delimitation of judicial jurisdiction, jurisdiction, the content of non-property rights of spouses and their relationship with the non-property rights of an individual. Based on a comparative analysis of certain norms of the IC of Ukraine and the CPC of Ukraine and law enforcement activities of courts of civil jurisdiction, the conclusion on the need to overcome the intersectoral conflict of norms of the CPC of Ukraine and the IC of Ukraine is substantiated. gave their consent to the adoption at the time; substantiated the conclusion that the rule on the invalidity of adoption on the grounds specified in Art. 236 of the IC of Ukraine, in fact cancels the court decision on adoption in the manner and on the grounds not provided by the CPC of Ukraine; the conclusion on the need to make changes and additions to the list of cases on the establishment of facts that have legal significance in a separate proceeding by highlighting such a legal fact as the establishment of maternity (paternity) is substantiated.

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