- •Lecture 5. General positions of family law of ukraine. Bases of family law of ukraine. Plan
- •1. Concept, subject and sources of family law (matrimonial law) of Ukraine
- •2. Conditions and order of marriage
- •3. Marriage contract (agreement of marriage)
- •By people, who have handed an application about the registration of marriage;
- •By the married couple.
- •4. Personal and property rights and duties of the married couple There are personal and property rights and duties of the married couple.
- •5. Dissolution of marriage
- •6. Dissolution of marriage and division of property of the married couple
- •7. Mutual right and duties of parents and children
- •8. Grounds of deprivation of paternal rights
- •Guardianship, tutorship, adoption and patronage
Guardianship, tutorship, adoption and patronage
The Family code of Ukraine regulates relations of guardianship, tutorship, adoption, patronage.
Guardianship is a legal form of defence of the personal and property interests of minors under 14 and citizens, who were declared as incompetent by a court as a result of mental affection or imbecility. They need to have the guardian.
Tutorship (trusteeship) is a legal form of defence of the personal and property interests of minors in age from 14 to 18, and also citizens, who were declared by a court as person with limited legal capability or such people, who on the state of health cannot protect their rights. They need to have the tutor.
Adoption is a legal act as a result of which the same personal and property right and duties are set between stranger people as between the native parents and children. Adoption is possible after the decision of a court about adoption. This act has two sides, they are the adopter from one side and the adopted from another side
Patronage is a voluntary transmission of children (orphans and children, who lost connection with parents) to the family of the citizens to educate and care about these children. This act is based on the paid contract between the family and the state (the department of education, health protection, executive committee).
