Проблеми розірвання шлюбу у порядку позовного провадження
Библиографическое описание статьи для цитирования:
Антоніна Янкова. Проблеми розірвання шлюбу у порядку позовного провадження//Наука онлайн: Международный научный электронный журнал. - 2021. - №11. - https://nauka-online.com/publications/yurisprudentsiya/2021/11/39-2/
Аннотация: (English) The article investigates the procedure for dissolution of marriage under action proceeding. Judicial practice is analysed in relation to dissolution of marriage in the order of lawsuit realization, the analysis of legislation that touches this question is carried out, problem questions in the field of given and questions are certain in relation to perfection of mechanism of dissolution of marriage. Certainly, that founding for dissolution of marriage in the judicial order in accordance with the requirements of Civil procedure code of Ukraine there is a statement of one of the married couples or common statement of the married couples, that must answer the requirements of the article 175 of it Reasonably, that a court at the trial of business about dissolution of marriage must go out from that marriage is based on free will of woman and man. A court has a right, but be not under an obligation to give extra-time for reconciliation. Consequently, a court can not say no in pleasure to the lawsuit about dissolution of marriage in case of disagreement of other side on a divorce. Of this category taken shipping by a court under right Civil procedure code of Ukraine in presence the married couples. Possible trial of business in default of defendant, if there is not information about reasons of his failure to appear. A court all complex of the vexed questions must decide at dissolution of marriage. Consequently, for providing of cleverness of trial of business actual is disconnection of lawsuit requirements (in particular, dissolution of marriage and penalty of alimonies, division of property of the married couples). It is set that positive is possibility of dissolution of marriage by means of settlement of dispute at participation of judge. In case of termination of family relations, the court decision should be aimed at resolving family law disputes, should create conditions for the resumption of family relations, and in case of impossibility to preserve them, should minimize the adverse consequences of family breakdown.