合同订立对调节家庭法律关系的意义

A. V. Tiutiunyk
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摘要

本文论述了家庭法合同的热点问题、家庭法合同的特点及其在现代生活中应用的必要性。目前,为了规范乌克兰的家庭法律关系,没有单一、统一的合同结构及其适用机制,这无疑使解决与规范家庭关系有关的一个或另一个问题复杂化。这一问题由于其法律性质和在这一领域的科学著作数量不足,并以其模糊性和应用的多功能性为特点。本文的目的在于确定现代发达国家家庭法合同主体构成的特点和特点,以及合同成立的关键方面。分析了家庭关系、人身非财产关系和财产法律关系。会议的结论是,需要建立统一的机制来解决由于结婚、收养子女、收养监护和其他社会和法律关系而产生的问题,以便简化和加快这些程序的进行,并建立符合现代化的执行机制。家庭法律关系的立法过程复杂,案件繁多,在特定领域缺乏足够数量的科学著作,证明了研究的相关性。通过对家庭法领域科学家科学著作材料的定性分析和系统化。本文对家庭法领域合同的术语和主要特征,如:平等、财产独立、家庭合同主体构成的标志、遵守社会道德原则的义务和国家立法的要求等进行了总结。在现代科学文献和有关家庭法的立法文件中,提出了统一的“家庭法合同”一词,并指出了这两个术语之间的区别以及使用这一术语的一种或另一种解释的方便性。关键词:家庭法律关系,家庭法合同,家庭法协议,家庭法主义,家庭法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
SIGNIFICANCE OF CONTRACTS CONCLUSION FOR THE REGULATION OF FAMILY LEGAL RELATIONS
This article addresses to topical issues of family law contracts, their features and the necessity of their application in modern life. Currently, in order to regulate family legal relations in Ukraine, there are no single, unified constructions of contracts and mechanisms for their application, which undoubtedly complicates the resolution of one or another issue related to the regulation of family relations. This problem is due to its legal nature and has an insufficient number of scientific works in this field, and is also distinguished by its ambiguity and versatility of application. The purpose of the article is to determine the key aspects of the creation of the contract, the characteristic features and peculiarities of the subject composition inherent in family law contracts in developed modern countries. Family relations, personal non-property and property legal relations are analyzed. A conclusion was made regarding the need to develop unified mechanisms for solving issues that arise as a result of marriage, adoption of children, adoption of guardianship and other social and legal relations in order to simplify and speed up the conduct of these procedures, as well as to establish their implementation mechanism in accordance with modernity. The relevance of the research is proven by the variety of cases and the complicated process of regulating family legal relations in legislation, the lack of a sufficient number of scientific works in the specified field. Through qualitative analysis and systematization of the materials of scientific works of scientists in the field of family law. The article made conclusions about the terminology and key characteristics of the contract in the field of family law, such as: equality, property independence, the signs of the subject composition of family contracts, the obligation to observe the moral principles of society and the requirements of state legislation. The unified term “family law contract” is proposed, as well as the signs indicating the difference between the terms and the expediency of using one or another interpretation of the term in modern scientific literature and legislative documents related to family law. Key words: family legal relations, family law contract, family law agreement, family law doctrine, family law.
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