Hrytsyshyna L. Termination of Marriage in Family Law

The thesis is dedicated to the order of termination of marriage and its legal consequences. It is emphasized that the institution of termination of marriage in family law is a set of legal rules that cover legal relations regarding the grounds and forms of termination of marriage and affect the procedure for exercising personal non-property and property rights and obligations of spouses, as well as the rights and obligations of parents and children at the stage of consideration and resolution of the issue of termination of marriage, application of various procedures aimed at preservation of the family and legal regulation of juridical consequences of termination of marriage. Among the reasons for divorce, two groups have been distinguished: objective and subjective. The study of the state of scientific researches in the field of termination of marriage has proven the insufficient level of scientific works and the presence of a wide range of practical and theoretical issues that need to be solved. It is emphasized that the study of historical traditions of family law helps to reveal the essence of modern family law, contributes to a deeper understanding of its purpose in the life of society and individual rules of modern family and civil law. Especially important for the study of the institution of termination of marriage, first of all, in national family law, is the era of the formation of the Ukrainian nation, which falls on XVII-XVIII centuries. Divorce, as a unique phenomenon for nuptiality of the XVII-XVIII centuries, was typical for medieval Europe, moreover it occurred not only for the reasons permitted by the Сhurch, but also due to disagreement in married life and even due to loss of trust and love or chronic illness of one of the spouses. The detail in the regulation of the issue of termination of marriage can be traced in the following historical normative legal sources: The Statute of the Grand Duchy of Lithuania of 1688, "Laws by which the Malorossian people were judged", "The Сompilation of Malorossian Laws of 1807", The Code of Laws of the Russian Empire of 1832, "General Civil Settlement of the Austrian Empire of 1811". Unfortunately, the period of restoration of Ukrainian statehood at the beginning of the XXth century was short and against the background of the ruthless struggle of the Ukrainian People's Republic or the Hetmanate with external enemies did not give us enough historical material to assess such features. Modern family legislation is the result of an attempt to synthesize the best legal assets of past historical eras in the field of termination of marriage. However, at the same time, modern world trends were not fully taken into account, which determines the relevance of a comparative analysis of the issue.