To the question of the peculiarities of the protection of the rights of persons who are in a de facto marital relationship in judicial practice

Abstract

In the scientific article the author conducted a scientific study of the features of protection of property and per-sonal rights of persons who are in actual marital relations in the judicial practice of Ukraine. Based on the above research, the author notes that most often the appeal to the court to establish the legal fact of living in the same fam-ily of a woman and a man without marriage, is to inherit one of the de facto spouses or to establish joint ownership of jointly acquired property. . In general, the jurisprudence to establish the legal fact of living with one family of a woman and a man without marriage is ambiguous. This ambiguity concerns primarily the following issues:1) terminology used to denote the actual marital relationship (they are in judicial practice called «actual marital relationship», «actual marriage», «actual relationship», «living with one family of a man and a woman without marriage», «staying in actual marital relations and living with one family ”,“ actual marital relations ”,“ living with one family in actual marital relations ”,“ living with one family ”, etc.);2) a list of circumstances that clearly indicate the existence of a de facto marital relationship. In particular, some courts include the registration of both de facto spouses in the apartment (however, as evidenced by the Supreme Court ruling of 10 October 2019 in case 48 748/897/18 residence of a man and a woman at the same address, which is related to the division of property after divorce and the absence of another place of residence, does not indicate a family relationship between them), joint presence on holidays and transfer of funds (however, this is denied by the Supreme Court ruling of 15 August 2019 in case № 588/350/15), the fact of periodic joint recreation (which is denied by the decision of the Supreme Court of February 27, 2019 in case № 522/25049/16-ts).