Kozhevnykova V. Scientific and Theoretical Principles of the Restriction of Rights of Subjects of Family Relations

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001782

Applicant for

Specialization

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

02-11-2019

Specialized Academic Board

Д 58.082.04

Ternopil National Economic University

Essay

Research is devoted to the complex study of restrictions of the rights of the subjects of family relations in the light of theoretical analysis in combination with traditional methods of legal science. Particular attention is drawn to the coverage of doctrinal approaches formed in law in order to have a holistic view of the legal category of restrictions in the science of family law. Unit 1 is dedicated to the issues of studying the restrictions on the rights of subjects of family relations and their formation in the current legal doctrine; methodology that has fully determined the essence, legal nature and ways of implementation of personal non-property, property rights of the subjects of family relationships and their restrictions is substantiated. Unit 2 is devoted to the analysis of the concept, principles of family law and their implementation in the formation of restrictions of rights, as well as to the place of restrictions of rights of subjects in the mechanism of legal regulation of family relations, classification of subjects of family legal relations depending on restrictions, that are applied to them. Unit 3 highlights the concept of exercising the personal non-property and property rights of subjects of family relations, the limits and restrictions on the exercise of rights and lawful interests of the subjects of family relations; the types of limits for the exercise of personal non-property and property rights of subjects of family relations are characterized. Unit 4 is devoted to the study of the nature and types of restrictions on the personal non-property and property rights of the subjects of family. Unit 5 determines the concept and features of family law agreements, which establish restrictions on contractual freedom, and distinguishes the types of individual agreements establishing restrictions on the personal non-property and property rights of the subjects of family relations.

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