PRINCIPLE OF REASONABLENESS IN FAMILY LAW OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The article proved that the directions of influence of the principle of reasonableness in Family Law relating to its special properties that make demands on the basis of reasonableness provided: an objective interpretation valuation categories of Family Law; establishing rules behavior subjects of family legal relations that are advisable; establishing rules behavior subjects of family legal relations that meet the objective circumstances; compliance means used to settle family legal relation, goal legal regulation of family relations; compliance subjects of family legal requirements relations of prudence. The requirement of reasonableness entails alternative this ways should cause a achieve the best effect in ensuring the interests subjects of family legal relations. This effect of the principle of reasonableness demonstrated by examples of specific categories of Family Law. Based on the history of the provisions of Art. 61 Family Code of Ukraine proved that paragraph 5 which is subsumed to the objects of common property married couple gain estate by each of them in the order of privatization has been deleted from the text of Art. 61 Family Code of Ukraine accordance with requirements reflection of reality, expediency and prudence taking into note specifics privatization as a way of acquiring the right of private ownership of property (and the property is subsumed as personal private ownership wife, husband). It is proved that the reasonableness there is basic idea in solving the problems of identifying and changing the amount of maintenance or debt on them and many other questions Family Law.
Authors and Affiliations
В. М. Чернега
Keywords
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