Open AccessCONFLICT OF LAW RULES ON MARITAL PROPERTY RELATIONS IN UKRAINE: THEORY AND PRACTICE
Author(s) -
V. M. Kisil,
Anatoliy Pashynskyi
Publication year - 2018
Publication title -
aktualʹnì problemi mìžnarodnih vìdnosin
Language(s) - English
Resource type - Journals
eISSN - 2663-8959
pISSN - 2308-6912
DOI - 10.17721/apmv.2018.137.0.48-57
Subject(s) - property (philosophy) , law , property law , conflict of laws , family law , autonomy , domestic relations , element (criminal law) , political science , marriage law , civil law (civil law) , comparative law , sociology , law and economics , public law , property rights , philosophy , epistemology
This article is about the theoretical and practical aspects of conflict of law regulation of marital property relations under the Law of Ukraine “On Private International Law”. Inter alia, the paper deals with the possibility of the choice of law applicable to prenuptial contracts and marital property relations as well as the conflict of law rules applicable to property consequences of marriage in the event of absence of the choice of law. The author analyses the limitations to applying the principle of autonomy of will in marital property relations, the correlation between legal concepts of “marital property relations” and “legal consequences of marriage” and the possible forms of performing lex voluntatis. With a view to protecting the interests of the child and the weaker party in a marriage, the author proposes amendments to para 1 of Art. 61 of the Law, pursuant to which the law chosen by the parties must not impair the standing of the child or one of the spouses as compared to the law to be applied to property consequences of marriage in the event of absence of a choice of law. The paper also focuses on the overview of relevant Ukrainian court practice regarding the application of the Law during proceedings on marital property relations with a foreign element.