Мarriage And Actual Marriage Relations (Common And Distinctive Features)

  • Maryna Laptieva
Keywords: marriage, actual marriage relations, rights, responsibilities, common property, private property.

Abstract

With the adoption of the Family Code of Ukraine, persons (women and men) who wish to establish a family have the right to: 1) marriage, and 2) actual marriage relations.
Individuals living with one family, but not married to each other, are not considered spouses, however, in certain persons, the law imposes mutual property rights and obligations. Regarding non-property rights and obligations, it should be noted that the law exempts the said persons from the mandatory exercise of subjective rights and the exercise of subjective obligations that may arise in relation to one another. At first glance, marriage and actual relationships are very similar, and even in a society you can hear from young people that they do not have to marry at all, you can live together without registration and at the same time be considered as a marriage with mutual rights and responsibilities.
The article shows that despite the fact that the legislator has introduced into the Family Code of Ukraine the category of persons living with one family but not married to each other («actual marriage relations»), in certain cases provided for by law, equates it to the category «Marriage», however, in practice has a significant advantage, nevertheless registered marriage relations.
With regard to actual marriage relations, all actions that will be committed by persons who are living together, but not married to each other in relation to the acquisition of joint property, must be duly executed in order to further simplify the procedure for the division of joint property of certain categories of persons.

References

1. Family Code of Ukraine: Scientific and Practical Commentary / Ed. I.V. Zhilinkova. X .: Xylon, 2008. 855 p.
2. Romovska Z. V. Family Code of Ukraine: Scientific and practical commentary. K., 2006. P. 68-69.
3. Tsyganenko G. P. The etymological dictionary of the Russian language. K., 1989. P. 374.
4. Kharkiv civilian school: Anthology of family law: monograph / under the general. ed. prof. I.V. Spasibo-Fateeva. Kharkov: Right. 2013. 240 p.
Published
2019-06-24
Section
Articles