Lecture 5. General positions of family law of ukraine. Bases of family law of ukraine. Plan

1. Concept, subject and sources of family law of Ukraine.

2. Conditions and order of marriage.

3. Marriage contract (agreement of marriage).

4. Personal and property rights and duties of the married couple.

5. Dissolution of marriage.

6. Dissolution of marriage and division of property of the married couple.

7. Mutual rights and duties of parents and children.

8. Grounds of deprivation of paternal rights.

9. Guardianship, tutorship, adoption and patronage.

1. Concept, subject and sources of family law (matrimonial law) of Ukraine

Family law is a field of law, the legal rules, which regulate matrimonial relations. They are personal and property relations, which arise up between the married couple, between parents and children and other members of a family, and also relations about the dissolution of marriage, the registration of the civil acts, guardianship and tutorship, adoption and patronage. It is the subject of family law.

The basic sources of family law are the Constitution of Ukraine and the Family code of Ukraine. It entered into force on the 1^st of January in 2004.

In accordance with the Constitution of Ukraine marriage is based on free consent between a woman and a man. Each of the married couple has equal right and duties in marriage and family. Parents have an obligation for financial support their children to their full age. Adult children have a duty to care about their parents. Family, childhood, maternity and paternity are guarded by the state.

The Family code of Ukraine regulates three groups of relations:

1. Family relations, which arise up between a husband and a wife, between parents and children and other relatives. These relations are divided into property and personal (non-property).

2. Relations, which is equated with family (for example, question of adoption, guardianship, tutorship and patronage).

3. Relations of the civil registration (for example, the registration of birth, death, conclusion and dissolution of marriage etc.).

According to the Family code of Ukraine family is the primary and basic cell of society. Family is created on the basis of marriage, blood kinship, adoption and on other grounds which are not forbidden by the law.

In family relations, marriage and family a woman and a man are equal in their rights and duties.

Rules of the Code establish that a child is a person who did not reach majority (18 years old). Juvenile is a child under 14 years old and a minor is a child in age from 14 to 18 years old.

Subjects of family relations are family members and relatives, who have full legal capability.

2. Conditions and order of marriage

Marriage is a family union between a man and a woman, which is registered in the register office with the aim to create family.

A man and a woman must hand an application about marriage to the register office. Then after 1 month they must come to the register office to register their marriage and to get the Marriage certificate. The solemn registration is not obligatory.

The religious ceremony of marriage does not have legal value, the civil form of marriage (marriage by habit and repute/ without the registration) does not generate the right and the duties of the married couple too.

The basic conditions of marriage is a mutual consent of people, who want to get married, and attainment by them age of marriage. Age of marriage for a woman is 18 and for a man is 18 years old too. Age of marriage for a person may be decreased to 14 years old on the decision of a court, when she is pregnant or when she or he has grave illness.

It is impossible to register marriage between people, if one of them is married.

Marriage is not possible also:

• between a native and a cousin brother and sister;

• between a native aunt, uncle and nephew, niece;

• between an adopter and adopted;

• between incompetent people (when one person is incompetent it is impossible to register marriage too).