Реєстрація шлюбу фізичної особи, яка не досягла повноліття, як підстава набуття повної цивільної дієздатності

The ability of an individual to acquire and exercise rights, create and fulfill obligations independently, without the consent of parents (adoptive parents), guardians or trustees, is associated with full civil capacity. It is this type of legal capacity that makes it possible to understand the significance of actions taken and to foresee their consequences. The Civil Code of Ukraine defines two grounds for the “automatic” acquisition of full civil capacity, which include: the attainment of the age of majority by an individual and the registration of a marriage of a minor. According to Article 23(2) of the Family Code of Ukraine, at the request of a person who has reached the age of sixteen, a court may grant him or her the right to marry if it is established that it is in his or her best interests. The court practice recognizes the following as grounds for granting such a right: actual creation of a family, pregnancy, and birth of a child. At the same time, if parents (guardians) object to the granting of the right to marriage, their opinion is not a ground for refusing to satisfy the application. The basis for satisfying the application is the court’s determination that the right to marriage is in the interests of the minor (applicant). In this case, the moment of acquiring full civil capacity is the registration of marriage, not the court decision on granting the right to marry. At the same time, granting the right to marry a person specified in a court decision does not entail the possibility of registering a marriage with another person if for some reason the marriage was not registered. It should be noted that part 2 of Article 34 of the Civil Code of Ukraine does not define the legal consequences of acquiring full civil capacity in case of marriage registration (as opposed to the termination of a marriage before reaching the age of majority and the recognition of a marriage as invalid on grounds not related to the illegal behavior of a minor). In this regard, we propose to add a new paragraph to Part 2 of Article 34 of the Civil Code of Ukraine and to set it out as follows: “Full civil capacity is acquired from the moment of marriage registration of an individual who has not reached the age of majority and extends to all civil rights and obligations.” In this regard, paragraphs 2 and 3 of Part 2 of Article 34 shall be considered paragraphs 3 and 4, respectively. The acquired civil status enables such minors to enter into all transactions, both in their own interests and in the interests of their children.