Features of notarial legal relations with a foreign element arising from the certification of marital contracts
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article analyzes the Ukrainian legislation regulating notarial relations with a foreign element when certifying a marital contract. The author establishes procedural stages of a notarial certificate of a marital contract with a foreign element. It is noted that in the Law of Ukraine “On Private International Law” there is no mention of the legal capacity and capacity of a foreigner to be family law, but only civil law capacity and capacity are analyzed. The article states that the subject of a marital contract will always be certain actions with objects of family rights, in particular, the subject of a marital contract with a foreign element under the legislation of Ukraine are property rights and property that can be located both in Ukraine and in different states, namely, property that is not located on the territory of Ukraine as an object is one of the forms of a foreign element. The author stresses that the Ukrainian legislator in the Law of Ukraine “On Private International Law” in regard to the marital contract considered only real estate, left out the attention of movable property. The study notes that although the contents of the marital contract include conditions of detention, including the child, but this contract can not be attributed to “treaties in the interests of the family”, since this contract can be concluded only by one of the spouses, despite the fact that, which can affect the interests of all family members. It is emphasized that the notary, performing notarial acts for the certification of a marital contract with a foreign element, carries out not only the establishment of a person – the applicant in particular under Art. 43 of the Law of Ukraine “On Notary”, according to which a foreigner is established as a person who applied for a notarial act by checking a foreigner’s national passport, but also finds out the existence and extent of the occurrence and termination of procedural legal capacity and capacity of foreign persons in Ukraine due to the presence or the absence of a norm of a valid international treaty of Ukraine with regard to this person.
Authors and Affiliations
О. В. РОЗГОН
Keywords
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