Oksaniuk O. Regime of separate residence of spouses in family law

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100115

Applicant for

Specialization

  • 081 - Право. Право

23-12-2021

Specialized Academic Board

ДФ 70.895.014

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The dissertation is devoted to the study of the legal nature of the institution of separate residence of the spouses, the legal grounds for its establishment and termination, the legal consequences arising in connection with the establishment or termination of separate residence of the spouses, the study of relevant foreign and historical experience. The concept of modern understanding of the legal regime of separate residence of spouses, identification of the main theoretical and applied problems of this family law institute is developed, also scientific conclusions and offers concerning improvement of the current family legislation in this field of research are formed. The analysis of theoretical and legal problems of determining the regime of separate residence of spouses in family law is carried out in the work; the concepts, main features and legal nature of the regime of separate residence of the spouses in family law in the context of its relationship with related legal concepts of family law are clarified; the peculiarities of establishing, changing and terminating the regime of separate residence of the spouses are analyzed, including in court and by contract; the main scientific approaches to the classification are clarified and the content of the property legal consequences of the regime of separate residence of the spouses is determined; the content of legal consequences of non-material nature in case of establishing the regime of separate residence of the spouses is revealed; scientifically substantiated proposals for improving the norms of family law are proposed, which regulate the issue of the regime of separate residence of spouses in family law

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