Problems of protection of property rights of the child in the division of the common joint property of spouses
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article deals with the issues of protection of property rights of a child arising from the application of certain provisions of family law. In particular, this applies to the application of part 3 of Article 70 of the Family Code of Ukraine, according to which the court may deviate from the equality of shares in the division of property of the spouses. At present, the legal community is considering the need to amend the above-mentioned article of the Family Code of Ukraine in regard to the automatic determination of the child’s share in the joint property of the spouses at divorce e in order to guarantee the protection of the rights of the child. However, the introduction of such changes should be based on a thorough and detailed study of the relationship between the property rights of parents and children, taking into account the appropriate level of protection of the child. In order to resolve disputes on the protection of property rights of a child, one should proceed from the assumption that the emergence of problems related to the protection of the rights of the child is the result of improper, in many cases, the functioning of the family in a modern society, that is, the family functions as a medium of conflict, not a special, socially organized association of people with a careful and respectful attitude to each other. An increase in the proportion of the spouse with whom the child stays usually depends on the court establishing in each case the insufficient amount of child support, and other conditions often remain out of sight. Such an approach leads to a violation of the right of ownership of the alimony payer. Also, it should be borne in mind that parental responsibilities, and in particular, parental responsibilities do not remain unchanged, as the place of residence of the child, his property status, the property status of the parents may change over time, as well as the child becomes a full capacity person and loses the right to alimony. Therefore, the grounds for deprivation of the right of ownership of the payer of alimony become irrelevant in connection with the change or termination of alimony duty. However, the lost property rights of the payer cannot be restored. In our opinion, it is necessary to distinguish between legal relations concerning the property of the spouses and the alimony relations between parents and children, therefore, the implementation of the improvement of the mechanisms for protecting the rights of the child to maintenance should be carried out with the help of other legal means, for example, by securing to the child the right to use the concrete property of the payer of alimony in case of insufficient size alimony.
Authors and Affiliations
Inna Sevryukova
Keywords
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