Termination of the Right to Child Support in Connection with Transfer of the Ownership Right over a Land Plot: Problems of Theory and Practice
Abstract
The article focuses on legal aspects of the elimination of child support payments obligation because of transfer of the ownership rights overland. The article proves that application of Art. 190 of the Family Code of Ukraine should consider not only family and civil legislation as it deals with a special object – a plot of land – and other allocated objects which cannot be moved without their depreciation and change of their destination. In the mentioned conditions the usage of the Land Code of Ukraine is obvious, as it determines the peculiarities of the plot of land which will be used to cover child support obligations. The author proves that the plot of land to be transferred to a child instead of child support payments obligation should meet the following requirements. Firstly, it should be a private ownership of a person who intends to transfer the plot of land in return to child support payment obligation. Secondly, the mentioned plot of land should have a cadastral identifier which is an essential term for land acquisition according to Art. 120 of the Land Code of Ukraine. Thirdly, there should be estimated information about the plot of land regarding limitations in its usage and burdening. Finally, there should be provided information about the aptitude of the plot of land and its monetary estimation. The author characterizes the algorithm of contracting and performance of the agreement on the termination of the right to maintenance for a child in connection with the transfer of property rights to real estate. The main reason for considering the mentioned agreement a risky one is the difficulty in the definition of correlation of the plot of land value and a total sum of the child support payments, as the right to receive the latter terminates when the mentioned agreement comes in force. As a result of the analysis, the author argues that there are certain weak points in the Ukrainian legislation in terms of practical implementation of the agreement on the termination of the right to maintenance for a child in connection with the transfer of property rights to real estate and suggests the ways of the problem solution.
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