Державна реєстрація юридичних фактів у сімейному праві: проблеми теорії і практики

Abstract

The paper reveals the importance of state registration of legal facts in family law. The author identifies two groups of legal facts: 1) the facts, which state registration is associated with the moment of occurrence; in classification of legal facts these facts gain features related to action, namely to legal acts; 2) the facts, which provides for mandatory state registration, but the absence of this does not make these facts nonexistent. These facts have legal status of events -they exist irrespective of the will of man. In addition, the existence of such legal facts may be proved not only by the fact of state registration, but other evidence, and the main negative consequence of the absence of state registration becomes an administrative fine.