| Annotation |
The article focuses on the comparative legal analysis of legislation on invalidity of marriage in the Family Code of Ukraine and in the family law of the other states. Thus the following issues were investigated: types of void marriages, reasons for marriage rehabilitation, legal consequences of invalidity of marriage, list of persons who may apply to a claim for invalidity of marriage. Family Code of Ukraine provides for the first time the three models of voidability: a marriage that is void, marriage is declared invalid by a court, a marriage that may be invalidated by the court. The thesis of the Family Code of Ukraine about the possibility of annulment after the termination of marriage are noteworthy; thesis about return of the alimony received by the unscrupulous spouses, but no more than last three years. The thesis of family law of the former Soviet Union states are worthy of note too, especially the obligation of the unscrupulous spouse to compensate the pecuniary and nonpecuniary damage. The conclusion is made that the Family Code of Ukraine provides a qualitatively new model of legal regulation of voidability of the marriage compared to the law of the former soviet states. |
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