Bona Fides in Procedural Relations Related to the Protection of Property and Family Rights

The purpose of the study is to study theoretical approaches and judicial practice regarding the application. the principle of good faith in property family disputes. Using a functional, general theoretical and comparative legal method of research, attention is drawn to the special role in resolving family disputes, including property disputes based on good faith, given that a property dispute in the family sphere is always associated with personal relationships between family members. Especially the conscientious behavior of the participants in the family dispute must be taken into account and taken into account when the property dispute of the spouses affects the interests of the children. The article concludes that in property family disputes there is an active mediation function of the court aimed at settling the family conflict by concluding a settlement agreement. It is noted that the principle of a good-council meeting of the parties to a family dispute should be implemented at the stage of execution of a judicial act, since not a good-council meeting of the parties entails the occurrence of administrative disputes involving spouses, other family members with enforcement agencies. The family dispute and the outcome of its resolution flows into the public sphere. In the case when a family property dispute affects the interests of children, procedural legislation, including legislation on enforcement proceedings, should contain provisions that enshrine the obligation of the parties to the dispute to act in good faith, but also to cooperate with the court, and in the process of enforcement and with the enforcement authority.

bona fides, family property dispute, procedural law, enforcement, cooperation, interests of the child