Personal non-property rights of persons living in the same family without marriage and spouse: a comparative legal aspect

Abstract

The article is devoted to a scientific study of the comparison of personal non-property rights of people living in the same family without marriage registration and a husband and wife who are in a legal marriage, as well as problematic issues of their implementation. The existence of such a social phenomenon as the cohabitation of a woman and a man without marriage before the institution of marriage was established, which is determined by many objective and subjective factors. communication within the family. It has been established that, being such that do not contradict the moral principles of society, unregistered marriage relations, which are accompanied by joint management of the economy and joint life, as well as the registration of marriage, are the basis for creating a family, and therefore, the basis for the occurrence between cohabitants mutual rights and obligations. On the basis of the conducted research, the legal doctrine revealed the inconsistency of the question of the existence of personal non-property rights in the participants of unregistered marriage relationships. It has been established that some scientists consider a woman and a man living in the same family without marriage to be generally equal in rights to spouses in a registered marriage; the second - that such rights are only partial; others generally deny the existence of corresponding rights and responsibilities for a woman and a man living in the same family without marriage. It was revealed that the main reason for such disagreements of scientists' positions on the problem under study is the absence of a direct instruction in the SC of Ukraine to equate participants in unregistered marriages to spouses in a registered marriage in the aspect of extending to the first personal non-property rights of spouses. Instead, the SC of Ukraine only limits their legal status to the presence of separate property rights and the consolidation of some personal non-property rights, in particular regarding the possibility of establishing the origin of the child from the father - a participant in an unregistered marital relationship with the child's mother, and regarding the possibility of joint adoption of the child in the same way as such adoption is carried out spouses in a registered marriage.