TERMINATION AND AMENDMENT OF ALIMONY CONTRACT: PROBLEMS OF THEORY AND PRACTICE
Journal Title: Часопис цивілістики - Year 2018, Vol 30, Issue
Abstract
The article discusses the problems related to termination and amendment of the alimony contract as part of family contract theory. Based on the analysis of scientific literature, regulatory and judicial practice concludes that not all general provisions on a civil contract may be applied to the termination and amendment of the alimony contract. Features of the grounds for termination and amendment of the alimony contract due to its specifics – gratuitous and one-sided nature, as well as the inextricable connection of rights and obligations with the payer’s identity and the recipient of alimony. In this regard, on the one hand, alimony the contract cannot be terminated by offsetting counterclaims, connection between the debtor and the creditor in one person, on the other due to the death of the payer or the alimony recipient. As well as other civil contracts alimony contract may be altered or terminated by agreement of the parties or a court decision. But also there is a specificity depending on the type of the alimony contract. So, a contract that is concluded between family members or relatives, which by law are not required to contain each other, can be terminated on the initiative of one of the parties (unilateral refusal of the contract). At the same time, alimony contract, which is aimed at the payment of alimony child cannot be terminated by agreement of the parties. Such contract may be modified by agreement of the parties only in the case of increasing the amount of alimony, otherwise it will be contrary to the interests baby. There are also features in the issue of termination and change of alimony contract by the court. Civil Code provides two types of grounds for termination and amendment of the contract for court decision: first, in connection with a significant breach of contract one of its parties; secondly, due to a significant change circumstances. In the first case, the basis of the termination of alimony contract may be non-fulfillment or improper fulfillment payer obligations on alimony payments. In the second, the basis for change or termination of the alimony contract by the court will a change in the family and (or) financial position of one of the parties. Thus, the article concludes on the need for regulatory fixing special rules on the termination and change of alimony contracts that will take into account its specifics.
Authors and Affiliations
Оксана Пономаренко
Keywords
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