| dc.description.abstract | The article reveals some aspects of the application of the norms of the Civil
Code of Ukraine (CC of Ukraine) and other normative legal acts of the national legislation
to the regulation of family relations. The purpose of the article is to study the problems of applying the norms of these acts
on the example of individual family deals. The author, basing on the understanding of family law as an independent sphere of
Ukrainian law, shares the opinion of a number of Ukrainian scholars that the norms of
the CC of Ukraine apply to the regulation of family relations in a subsidiary manner, not
directly. It is noted that court practice does not always adhere to the provision of Part 1 of Art.
9 of the CC of Ukraine, according to which the provisions of the CC of Ukraine are applied
to the regulation of family relations, if they are not regulated by other acts of legislation.
Such a misunderstanding of the correlation between the norms of the CC of Ukraine
and the Family Code of Ukraine (FC of Ukraine), while applying their provisions to the
regulation of family relations, concerns, in particular, the peculiarities of recognizing as
invalid family deals due to the absence of consent in relations regarding the exercise of
the joint common property of the spouses; concerning the management of the juvenile
child property; regarding the conclusion of a marriage contract before registration of a
marriage, if its party is a juvenile person, etc. Particular attention is paid to the parents’, other legal representatives or the child’s
consent, the absence of which is not recognized by the FC of Ukraine as a ground for invalidating
the contracts on patronage over the child, on the placement of children to the
foster family, on the organization of the activity of the family-type orphanage. The peculiarity
of these treaties is that, in their legal nature and essence, these treaties are not
family-law in the narrow sense, and therefore, according to the author’s point of view, the
can be recognized as invalid on the grounds provided by the CC of Ukraine. The presence of a number of legal acts of family law, a large number of norms, as well
as a part of the norms of the FC of Ukraine, is of a public nature. It confirms the conclusion
that family law cannot be recognized as a subsphere of civil law, as a private law, but
it is independent sphere of Ukrainian law, which contains both private law (predominantly)
and public law (serving family relations) norms. | en |
