The conception of actual marital relations in the family law of Ukraine
Автор: Evko Victoria Yurevna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы юридической науки и практики
Статья в выпуске: 6 (13), 2014 года.
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Purpose: to disclose the conception of actual marital relations and to find out their judicial significant features which will allow courts to protect material womens’ and mens’ interests effectively who live together without official registration of their relations. Methodology: such methods were used as historical-judicial, systemic-judicial and comparative-judicial. Results: in this article on the basis of existing legislation in Ukraine highlighted the main aspects and features of the actual marital relations, and given their doctrinal definition. It is found that the actual marriage must meet the conditions of the two groups: the first - the conditions, compliance with which is mandatory for the marriage, the second - the conditions that allow simultaneous concubinage closer to marriage, but also to distinguish it from him. The first group includes conditions that are laid down in Articles 22, 24-26 UK Ukraine. The second group are the following: 1) living together; 2) common life; 3) sufficient length of actual marital relations; 4) identification of these relations to third parties. Compliance with the conditions of the first and the second group to be set by the court in dealing with any property dispute involving people who lived or live in concubinage. Novelty/originality/value: The article has a high scientific value, since it is one of the first attempts to analyze the actual marriage relationships that develop between men and women and provide them legally significant features.
Короткий адрес: https://sciup.org/14027763
IDR: 14027763