Safonchyk O. Marital legal relations in Ukraine: Theory and Practice.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001002

Applicant for

Specialization

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

15-12-2020

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first special research in the domestic science, where on the basis of the complex analysis of the problems of normative-legal and law-enforcement character, the concept of marital legal relations was developed and substantiated, considering the European legal standards in the field of marriage and family in order to ensure the enforceability of rights and interests of the participants of marital legal relations. The concept of marital legal relations and legal relations, correspondent to marriage (quasi-marital legal relationships) was formulated. The definition of marital legal relations and legal relations, correspondent to marriage (quasi-marital legal relations), their legal nature and grounds of occurrence were provided. Classification of marital legal relations and characterization of their structure (elements) were carried out. Contractual regulation of marriage relations was researched. The grounds and procedure for termination of marital legal relations were determined, legal consequences of termination of marital legal relations were established and their classification was carried out. The de facto marriage relations as a kind of quasi-marital relations were considered. The concept and features of religious marriage were defined. The legal nature of civil partnership and the prospects for its implementation in Ukraine were outlined. Theoretically substantiated proposals on the improvement of the current legislation of Ukraine in the field of regulation of marriage relations and relations, correspondent to marriage, and the practice of its application were formulated.

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