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OlgaROZGON,

Associate Professor, Department of Civil Law, VN Karazin Kharkiv National University, Candidate of Law Sciences, Associate Professor

STATUTE OF LIMITATIONS ON RECOGNITION OF PATERNITY

Statute of limitation is an important legal categories, which play a central role including in family law. The author of the article is determined by the relevance of the designated topic and examines the legal nature of the statute of limitations. Particular emphasis is placed on the statute of limitations on recognition of paternity.

While limitation periods are general in nature, but the rules of art. 20 Insurance Ukraine, the statute of limitation does not apply to claims arising from family relationships, except as provided ch. 2, Art. 72, ch. 2, Art. 129, p. 3. 138, p. 3. 139 of the Code. Limitation of action is set to eliminate the uncertainty in the legal relationship between the father (mother) and child. However uncertainty in legal relations between a father or mother and child can be divided into two types, is that contrary to the interests of the child, such that it does not.

A person who considers himself the father of a child born woman who at the time of conception or birth of a child was married to another man has the right to her husband when he recorded the child’s father, a claim for recognition of paternity. In cases where the child’s father recorded a specific person, the requirements for recognition of paternity should be considered in conjunction with the requirements of the exclusion of information about the person as the father on the birth record of the child.

The procedure for recognition of paternity established by Articles 128 and 129 of IC Ukraine. But the provisions of paragraph 2 of Article 129 of the Code of Ukraine determine the period during which a person may go to court to demand the recognition of paternity, apply to claims for recognition of paternity, which claimed under section 128 of IC Ukraine.

If in the case of recognition of paternity has been established fact record the child’s father with the words of the mother of a particular man who is not contesting his paternity for the child, you should apply time limits to the requirement for recognition of paternity in the absence of the case as a defendant husband recorded the child’s father as legal relations regarding recognition of paternity for the child in this case is essentially a dispute between a man who considers himself the father of the child, and her husband recorded the child’s father.

The article recommendations to be applied when deciding on the recognition of paternity. The court must consider the interests of the child to be protected in this process and ascertain the correct application of the limitation period to claim for recognition of paternity, including in the case of admission of the limitation period.

Key words: statute of limitations, the court, recognizing paternity, evidence, judgment, child, father, a fact record.

References

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Tokar N. V. Requirements to which the statute of limitations does not apply. Law and Security. 2006. T. 5. No 4. S. 131–134. URL: http://nbuv.gov.ua/UJRN/Pib_2006_5_4_37. [ukr.]

On recognition of paternity: decision of the Holosiivskyi District Court of Kyiv of June 19, 2015. Case No. 752/8152/15-ts. URL: http://www.reyestr.court.gov.ua/Review/45828870. [ukr.]

On recognition of paternity: decision of the Holosiivskyi District Court of Kyiv of June 19, 2015. Case 752/8152/15-ts. URL: http://www.reyestr.court.gov.ua/Review/51814210. [ukr.]