ABOUT THE AVAILABILITY OF “DISPUTE OF FACT” FOR ESTABLISHING THE FACT OF LIVING TOGETHER MAN AND WOMAN WITHOUT MARRIAGE
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 40, Issue 1
Abstract
The paper deals with the scientific debate about the existence of “a dispute of fact” in cases of establishing the fact of living together man and women without marriagein the manner of special proceedings. The author examines this issue in the context of consideration of cases on the establishment of the fact of a living together man and women without marriage. The article made a comprehensive analysis of all available scientific positions on the legal nature and scope of special proceedingsand also about category “issue of law” and in accordance with that expressed own position on the desirability of the existence of “a dispute of fact” in cases of this category.The author compares categories "dispute of right" and "dispute of fact" regarding the necessity of the latter in special proceedings.
Authors and Affiliations
В. В. Круковес
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