Volume 03 Issue 11-2023
67
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
67-71
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, it is explained in detail that the family is a sacred place and the rules of marriage are defined by the
existing normative documents. We can say that a healthy environment in the immediate family, a healthy ideology,
and a mentally healthy person are the source of support. It was thought that the family, which is the strong support
of our society, not only educates the people of tomorrow, but also needs to be able to form the ability to care for the
motherland and tomorrow. Currently, Article 17 on "Medical examination of married people" has been introduced into
the Family Code as a new norm. In this article, it is established that people getting married will undergo a free medical
examination in the institutions of the state health care system.
A marriage contract can be concluded before the marriage is registered in the state register or during the marriage.
The contract concluded before the state registration of the marriage takes effect from the date of its state
registration. The contract is made in writing and must be confirmed by a notary.
KEYWORDS
Family Code, marriage, medical examination, marriage contract, power of attorney, divorce.
INTRODUCTION
The family is the basis of society, a huge social force. It
contains the legacy of our ancestors, the bright pages
of today, and the hope of tomorrow. In this family, we
educate the owners of our future, the heirs of our
nation. Our children, whom we rocked the cradle, held
in our bosoms, and caressed in this holy place, are
growing. In our native Uzbekistan, the family has
always been considered sacred. Constitutional norms
aimed at supporting the family and protecting the
interests of the child are reflected in a number of laws
and regulations.
In the opinion of Sh.Shorakhmetov, a legal scholar,
"the inclusion of a family tree in Sharia and practical
marriage and the main requirement in this regard is
Research Article
MARRIAGE CONTRACT - IS A GUARANTEE OF FAMILY STRENGTH
Submission Date:
November 19, 2023,
Accepted Date:
November 24, 2023,
Published Date:
November 29, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-11
U. Abdurasulov
Academy Of The Prosecutor General's Office Independent Researcher Republic Of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 11-2023
68
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
67-71
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
aimed at strengthening the family and ensuring that
the offspring are healthy and strong."
The main task of the family is to raise perfect people
who are dedicated to the society. After all, a healthy
child is the fruit of a healthy family. When we say a
healthy person, we can understand not only physical
health, but also a mature person who has matured in
the spirit of oriental manners, national ideals and good
feelings such as tolerance and humanitarianism typical
of the Uzbek people. After all, mentally healthy people
can first of all worry about the peace of the country,
the well-being of the people, and the future of the
people. We can say that a healthy environment in the
immediate family, a healthy ideology, and a mentally
healthy person are the source of support. The family,
which is the strong support of our society, not only
educates the people of tomorrow, but it can also form
the ability to care for the motherland and tomorrow.
THE MAIN RESULTS AND FINDINGS
Therefore, the President emphasized that "if we pay
attention to the realization of the abilities of our
children from childhood and mobilize all our
opportunities for their development, many more
Berunis, Ibn Sinos, and Ulugbeks will come out of our
country, I believe in it."
In our republic, attention to the family has risen to the
level of state policy. All conditions have been created
for our young people to build a healthy and strong
family. Family is considered the basis of society. So
what is the foundation of a family? Of course, the legal
basis of the family is legal marriage. Because only legal
marriage creates mutual rights and obligations
between spouses and children in the family.
What is marriage itself?
It is natural to wonder what marriage is, whether it is
an agreement, a deal, a contract, a contract, or an
alliance between a bride and groom-to-be. The word
"nikah" is Arabic and means "to join". According to its
dictionary meaning, marriage is a union of two sexes
based on mutual consent, voluntariness, equality, and
reaching the specified marriageable age. Article 63 of
the Constitution of the Republic of Uzbekistan states
that "Marriage is based on the voluntary consent of the
parties and equal rights." Although Article 15 of the
current Family Code of the Republic of Uzbekistan sets
the age of marriage as 18 years for women and men,
experts say that it is appropriate to get married and
start a family after the age of 20.
Order of marriage.
Article 13 of the Family Code stipulates the procedure
and conditions for marriage, and marriage is concluded
in the bodies that register civil status documents. A
marriage concluded according to religious rituals has
no legal significance. In accordance with Articles 14 and
15 of the Family Code, mutual consent of the parties
and their reaching marriageable age are the main
conditions for entering into a marriage.
Currently, Article 17 on "Medical examination of
married persons" has been introduced into the Family
Code as a new norm. In this article, it is established that
persons getting married will undergo a free medical
examination in the institutions of the state health care
system. In this regard, the "Regulation on medical
examination of married persons" approved by the
decision of the Cabinet of Ministers of the Republic of
Uzbekistan No. 365 dated August 25, 2003 was
adopted. This Regulation applies to all marriages
registered by the registry offices of the Republic of
Uzbekistan, with the exception of cases of marriage
registration of persons over 50 years of age. In
accordance with the requirements of the regulation,
Volume 03 Issue 11-2023
69
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
67-71
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
persons who are getting married undergo a medical
examination at the medical institution in their place of
residence in accordance with the established
procedure.
According to Article 29 of the Family Code, a marriage
contract is an agreement that defines the property
rights and obligations of married persons or husband
and wife during their marriage or in case of divorce.
An integral part of the legal foundations of the family
is the marriage contract, the official registration of the
marriage, and the personal and property rights of the
young man and woman participating in it. Among
today's young people who are starting a family, there
are many who have achieved a lot financially and
materially with their entrepreneurial ability or
intellectual potential before this process. The property
owned by the husband and wife before the marriage,
as well as the property received by each of them during
the marriage as a gift, inheritance, or based on other
agreements, are considered to be their property only.
In this sense, joint common property of a couple can be
goods or other things acquired by them during the
marriage, as well as taken at the expense of their
common funds before the marriage was registered.
A marriage contract can be concluded before the
marriage is registered in the state register or during the
marriage. The contract concluded before the state
registration of the marriage takes effect from the date
of its state registration. The contract is made in writing
and must be confirmed by a notary.
It is not allowed to conclude a marriage contract
through a power of attorney.
When concluding a marriage contract, the identity of
the parties is determined according to their passports.
Before the conclusion of the marriage, after the
interview of the notary with those who came to
conclude the marriage contract, or based on the
marriage certificates of the spouses, this contract is
accepted for notarization. The notary has the right to
confirm the content of the contract only if it does not
contradict the applicable laws.
The marriage contract helps in the correct and fair
resolution of disputes that may arise between the
spouses during the court process, that is, in case of
separation of the spouses, it is possible to determine
the size and amount of the property belonging to each
of them.
Importantly, according to Article 354 of the Civil Code,
the conclusion of a marriage contract is voluntary, that
is, it is up to the husband and wife to conclude such a
contract or not.
Another advantage of the marriage contract is that it
not only establishes the property of the spouses or
changes its legal order, but also reflects the
arrangement of the spouses' provision of material
support to each other. Therefore, the marriage
contract can be considered not only as a factor that
helps to resolve property disputes, but also as a factor
that strengthens marriage.
In fact, in order for a person to live a full, peaceful, calm
and happy life in all aspects, if they strictly follow the
legal regulations, the foundation of the family built will
be strong and the future will be bright, without a
doubt.
At this point, let's talk about the marriage contract,
which is an important document for strengthening the
family and legally regulating the property relations of
the couple.
This legal document is new for us and was put into
practice with the new Family Code adopted in 1998. A
marriage contract is concluded between the parties to
Volume 03 Issue 11-2023
70
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
67-71
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the marriage and the married couple. If the contract
was concluded before the state registration of the
marriage, according to Article 30 of the Family Code,
the marriage shall enter into legal force from the
moment the marriage is registered in the registry
office. The conclusion of the marriage contract is
completely voluntary, and its main content is to
determine the specific rights and obligations of the
husband and wife in the ownership of common
property. In this case, not only the property rights
existing between the spouses, but also the property
rights that may arise at the expense of the property
acquired during their cohabitation can be determined.
The parties can determine their rights and obligations
regarding the distribution of family income and
expenses in the marriage contract. This rule applies to
both regular wages and day-to-day expenses, such as
the maintenance and repair of common property and
the cost of educating children. Also, the spouses can
agree in advance on the terms of providing each other
with money in case of need.
Such terms must comply with the requirements of
Chapter 17 of the Family Code. Likewise, the procedure
and amount of alimony payment for material support
of one of the parties to the other may be determined
by a special agreement on alimony payment.
Another important point is that the parties have the
right to determine in a mutual agreement the share in
the property that will be transferred to each of them
when the court separates from the marriage. The
advantage of this is that during the marriage, one of
the spouses is busy with household chores and taking
care of the children and cannot earn an income. In such
a case, after the separation of the parties from the
marriage, this party may be in a difficult situation
without adequate financial support.
In accordance with Article 32 of the Code, the validity
of the marriage contract ends from the moment of the
dissolution of the marriage, except for the obligations
stipulated in the marriage contract for the period after
the dissolution of the marriage.
A marriage contract can be amended, supplemented
and canceled at any time. However, the agreement
between the spouses on its modification or
cancellation must be in writing and notarized.
Unilateral withdrawal from the marriage contract is
not allowed.
Here it should be noted that the purpose of concluding
a marriage contract is not only the distribution of
property. On the contrary, the marriage contract is one
of the factors that strengthen the marriage. It serves
to ensure mutual harmony, to carefully preserve the
common property of the family, to prevent
extravagance, and to increase the responsibility of the
parties to the family.
Articles 30 and 31 of the law specify the procedures for
concluding a marriage contract and the content of the
marriage contract.
However, in practice today this requirement of the law
does not work at all.
According to statistics, during the last 9 months of
2022, a total of 4,535 civil cases related to divorce were
considered by Fergana regional courts. In the same
period of 2021, this category of cases heard in courts
amounted to 3,556, which is an increase of 979 or 21.5%
compared to the previous year.
According to the analysis of the main reasons for
divorce, 36.5 percent of divorces were caused by the
character mismatch of the spouses.
Volume 03 Issue 11-2023
71
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
67-71
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In divorced families, the absence of a father sometimes
causes the child to be under less control, to face more
financial problems, and the child's interests, interests,
and worldview change dramatically.
CONCLUSION
Based on the above, we would like to offer the
following in order to strengthen families;
First, making the conclusion of a marriage contract free
of charge (because the medical examination for
persons getting married is set free of charge);
Secondly, to increase promotion and clarification
work among the population by the responsible
agencies on the advantages of concluding a marriage
contract;
Thirdly, to make the Family Centers responsible for the
conclusion of the marriage contract, that they
participate as mediators between the persons entering
into marriage;
Fourthly, that the parents and legal representatives of
the parties to the marriage also participate in the
conclusion of the marriage contract;
From the fifth; in the marriage contract, the rights and
obligations of the persons getting married, where they
will live in the future, financial support, permanent
registration at the place of residence, and other
circumstances that determine the future of the family
should be fully specified.
As a husband or wife considers himself responsible for
the family, he will undoubtedly try to ensure that a
peaceful and prosperous environment reigns in this
family. The happiness of families is the happiness of
society, the happiness of future generations. We
should all remember that we are responsible for this
happiness.
REFERENCES
1.
Bulletin of legal sciences TDUU Tashkent - 2017.
2.
People's Word newspaper - December 8, 2018
3.
Reference book of the Fergana regional court
on civil cases
4.
Кayumov juvenile delinquents and their
geographical description. MIA Academy-2003-
page 187
