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FAMILY, KINSHIP RELATIONS AND THEIR LEGAL ANALYSIS AND
REGULATION IN LAW.
Bozorova Mohlaroyim Siroj qizi
Student of the 2nd stage of the "Jurisprudence:
Business Law" department of UzMU
https://doi.org/10.5281/zenodo.12624114
Annotation:
This article discusses views on the family in the world and
their comparison with the family in our country, as well as kinship relations and
their legal basis.
Keywords:
Person, family, law, Japan, Civil Code, civil law, husband, wife,
legal relationship, Great Britain, family institution, concept, government
decision, decree, Constitution, marriage, national tradition, values, Eastern
thought, legislation, Family Code, kinship, family tree, direct family tree, side
family tree, ancestor.
A person is born, grows up surrounded by a family, matures, and becomes
an integral part of the life of the family he first grew up with, and later he built.
In general, the family is one of the valuable blessings that can accompany a
person during times of difficult decisions, overcome difficulties, and at the same
time during happy times.
The concept of "family" is viewed differently in different parts of the
world. In particular, according to Article 10 of the Civil Code, which is
considered the main code of civil law in Japan, the family is a method of
regulating certain legal relations between husband and wife, parents and
children, as well as husband or wife and indirectly defining its scope
1
. In Great
Britain, the family is considered as a primary social group consisting of parents
and their descendants, whose main task is to provide for its members
2
.
The family is considered sacred in our country, and large-scale reforms are
being carried out in order to comprehensively develop this institution, increase
its strength, and educate young people in the spirit of family love. In order to
create the legal basis of these reforms and give them a legal tone, the decision of
the President of the Republic of Uzbekistan "On approving the concept of
strengthening the institution of the family in the Republic of Uzbekistan" was
adopted
3
. "On measures to further support and bring the system of work with
1
website of the Ministry of Foreign Affairs of Japan
2
https://culturalatlas.sbs.com.au
3
National database of legal documents, PD-3808 dated 27.06.2018
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family and women to a new level" was signed
4
and government decisions were
approved to ensure their implementation.
According to Article 76 of the newly revised Constitution of the Republic of
Uzbekistan, the family is the main link of society and is under the protection of
society and the state. Marriage is based on the traditional family values of the
people of Uzbekistan, voluntary consent and equal rights of the spouses. The
state creates social, economic, legal and other conditions for the full
development of the family. In fact, the norms of family and kinship relations in
our country are formed in harmony with the values, national traditions, oriental
thinking and modern lifestyle trends that have been formed in the Uzbek people
for many years. So, what is kinship? Kinship is a concept that expresses socio-
historical blood relations between people and mutual spiritual closeness
5
.
Kinship groups are social units, membership in which requires adherence to
specific rules and control over the activities of each group member, and the
number of kinship term systems is limited, with four of these systems for the
parent generation and six systems for each generation, including siblings.
includes brothers, sisters and uncles
6
. In contrast, our local people describe
kinship based on the following genealogy. These are:
1) parents,
2) child,
3) grandson,
4) great-grandson(called evara),
5) great-grandson(called chevara),
6) nobora,
7) dubora and subsequent generations are called strangers.
In fact, in our legislation, kinship issues are given a wide place and
explained in an understandable way. In particular, persons descended from one
common third person (ancestor) are relatives. The closeness of kinship between
two persons according to the correct genealogy is determined by the degree of
kinship, that is, the number of births. In this case, children are considered to be
the first relative in the correct family tree in relation to their parents, the
grandchild is the second relative to their grandfather, grandmother, the great-
grandchild is the third relative to their great-grandfather, great-grandmother,
and so on. Also, brothers, sisters and their children, parents' brothers and sisters
4
5
6
K.F. Kottak. Textbook "Cultural Anthropology".
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and their children, grandparents' brothers and sisters and their children and the
like by sideline are relatives and so on. It follows that relatives on the right
family tree are closer than relatives on the side family tree. When determining
the distance of kinship between two persons, the number of degrees or the
number of descendants from one of these persons, without taking into account
the person himself, is taken into account. It is carried towards the common
person (ancestor) and from him to the descendants - towards the other one of
them. Birth brothers and sisters are on the second level of kinship, uncles and
aunts are on the third level of kinship with their nieces and nephews, and uncles,
cousins, aunts and uncles are on the fourth level of kinship
7
. Kinship, in turn, has
two forms:
1. Unmixed kinship.
2. Mixed kinship.
In this case, according to the norms of the Family Code of the Republic of
Uzbekistan, brothers and sisters can be unmixed and mixed relatives. If brothers
and sisters come from the same parents, the father is not mixed, the father is the
same mother, or vice versa, the mother is the same father, then it is considered a
mixed relative. In unmixed kinship, brothers and sisters are born, and in mixed
kinship, brothers and sisters are considered step-brothers. Therefore, it can be
said that the children of the spouses from previous marriages are not considered
relatives.
In short, in the legal system of our country, the attention to the institution
of family and kinship relations is considered high in comparison with
international legislation, and any reforms implemented in this field do not lose
their relevance, in which the legal norms and legislative documents, which are
the basis of reforms, are historically It is not an exaggeration to say that it is
being accepted in the spirit of the emerging nationality.
References:
1.
National database of legal documents, PD-3808 dated 27.06.2018
2.
Constitution of the Republic of Uzbekistan. Article 76.
3.
K.F. Kottak. Textbook "Cultural Anthropology".
4.
Family Code of the Republic of Uzbekistan. Article 57
5.
https://www.mofa.go.jp website of the Ministry of Foreign Affairs of Japan
6.
https://culturalatlas.sbs.com.au
7
Family Code of the Republic of Uzbekistan. Article 57
THEORETICAL ASPECTS IN THE FORMATION OF
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7.
https://lex.uz 18.02.2020. PD-5938
8.
http://forum.oyina.uz
