| Article title | Family Personal Non-Property Rights in the National Private Law Doctrine |
|---|---|
| Authors |
LARYSA KRASYTSKA
Doctor of Law, associate professor, professor of Civil Law and Civil Procedure Department Kharkiv National University of Internal Affairs (Kharkiv City, Ukraine) ORCID ID: https://orcid.org/0000-0002-9187-4445 krasitskayalara@gmail.com |
| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 1 / 2019 |
| Pages | 120 - 135 |
| Annotation | According to the approach established in the national legal doctrine, it is seen as appropriate to regard personal non-property rights of an individual in the domain of family relations originating from civil law as an individual’s separate (special) personal nonproperty rights, with the following system of such rights suggested: a) personal non-property rights which individuals acquire before creating a family and the rights associated with creating a family; b) personal non-property rights which individuals acquire while staying in the family; c) personal non-property rights which individuals acquire after termination (suspension) of family relations. In the private law doctrine, there is a settled viewpoint that family personal non-property rights should be governed by provisions of family law. The aim of this article is to review the main provisions relating to development of the doctrine of family personal non-property rights in the national private law doctrine. As the author has established, in the national legal doctrine family non-property rights have been given a thorough attention only in the second half of the twentieth century, with the rights and duties of parents and children being in the main focus. Personal rights and duties of parents included: 1) when a child is born, to choose the child’s first and second name, and to give the last name; 2) to raise, educate and communicate with the child; 3) to represent and protect the child’s interests. It is argued that depending on the parties to relations, the following rights may be singled out: family personal non-property rights of spouses; family personal non-property rights of mother, father and child; family personal non-property rights of an adoptive parent or other persons taking care of a child in the family, and of adopted children; family personal non-property rights of other family members and relatives. The author has established that after some personal non-property rights and obligations of spouses, in particular, the right to motherhood and the right to fatherhood, have beenconsolidated in separate Chapter 6 of the Family Code of Ukraine, legal scholars expressed sharp criticism in this respect. It is proved that the right to motherhood, the right to fatherhood, the right to respect for one’s individuality, the right to liberty and personal integrity are not purely family personal non-property rights of spouses. The author proposes to divide the child’s family personal non-property rights, depending on their purpose, into: 1) rights related to individualization of the child; 2) rights related to the child’s living in the family and the child’s upbringing; 3) the right to express his/ her opinion and to be heard on issues touching him/her personally, and also family issues; 4) the right to protection and representation of rights and interests. The national legal doctrine defines personal non-property rights of a child in case of adoption as the subjective rights of a child which arise at the initial stage of adoption and keep in force at all adoption stages, and which are aimed at meeting the interests of the child, primarily those associated with staying in a healthy family environment; by their content, personal non-property rights of other family members and relatives are divided into: a) personal non-property rights in the process of exercising the right to upbringing; b) personal non-property rights regarding mutual communication; c) personal non-property rights regarding protection.
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| Keywords | personal non-property rights; natural person; family personal non-property rights of spouses; family personal non-property rights of mother, father and child; |
| References | List of legal documents Thesis abstracts |
| Electronic version | Download |