The USA Journals Volume 03 Issue 04-2021
55
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 27, 2021 |
Pages:
55-61
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-09
I
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2021:
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‘
ABSTRACT
The article discusses the general characteristics of personal non-property and property legal relations
between spouses, the types of rights and obligations that are included in the range of personal and
property relations, the distinctive features of legal relations, the cases when the legal and contractual
regime of the property of spouses applies, the types of separate property. In addition, the author
proposes to include the concept of “single mother” in Uzbek law, explains this concept, and discusses
the foreign practice.
KEYWORDS
Marriage, spouses, personal non-property relations, property relations, legal regime of the property
of spouses, the contractual regime of the property of spouses, premarital property, gratuitously
acquired property, individual property, single mother.
INTRODUCTION
The problems of family life, the problems of
legal regulation of family relations in general
and their individual groups are traditionally of
interest to civil scientists and scientists of
General Provisions Of Personal And Property Legal
Relationships Between Spouses
Zulfizar Lochinovna Karimova
PhD Student, Higher School Of Judges Under The Supreme Judicial Council Of The Republic
Of Uzbekistan, Tashkent, Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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The American Journal of Political Science Law and Criminology
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April 27, 2021 |
Pages:
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Doi:
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process [1, pp. 547-552]. The basis of the
functioning of the family is marriage - a
voluntary union of a man and a woman
concluded with the aim of creating a family in
compliance with certain rules established by
law, which gives rise to mutual personal and
property rights and obligations of spouses [2].
Marriage is a union aimed at creating a family
on the basis of equality of rights and will of a
man and a woman and mutual rights and
obligations of spouses [3, p. 11]. Marriage is not
only a union between a man and a woman, but
also a legal fact. From the moment of marriage,
both of them acquire the status of spouses.
Each spouse becomes the owner of the rights
and obligations provided for by the rules of
family law.
THE MAIN FINDINGS AND RESULTS
Relationships between spouses are complex
and varied. During, as a rule, a rather long life
together, the spouses enter into a variety of
relationships with each other. Many of them
are not regulated by law at all. However, there
are also those that are subject to legal
regulation. Among them are property and
some personal non-property relations.
The Family Code of the Republic of Uzbekistan
explicitly states that from the moment of
registration of marriage in the civil registry
offices, persons who have entered into
marriage become spouses, and from that time
the rights and obligations of spouses arise
between them. That is, the fact of marriage
gives rise to the emergence of rights and
obligations. These rights and responsibilities
fall into two groups:
Personal non-property legal relationship
(personal rights and obligations);
Property legal relations (property rights
and obligations).
The rights and obligations of spouses - both
personal and property - exist within the
framework of a single marital relationship [4].
And they act not as two independent legal
relationships (personal and property), but as a
marriage relationship with a set of personal
and property rights among spouses (or among
parents and children) as subjects of each legal
relationship. In this case, the spousal
(marriage)
legal
relationship
arises
in
connection with a single act - the conclusion of
marriage. It ends, like the entire set of rights
and obligations, with the termination of
marriage. Spouses cannot get married, take on
only one right (for example, personal) and
negotiate the refusal of others (for example,
property). Such a waiver is invalid. They
simultaneously accept all the rights and
obligations that are included in the content of
the legal relationship [5, p. 34].
Personal rights include those rights that are
enshrined in general regulatory legal acts: in
the Constitution of the Republic of Uzbekistan
and other acts. In particular, Article 46 of the
Basic Law provides that women and men have
equal rights. The Family Code, developing the
provision of the Constitution of the Republic of
Uzbekistan, indicates in Article 19 that spouses
enjoy equal rights in the family and bear equal
responsibilities. At the same time, marital
relations presuppose the coordination of the
interests of the spouses.
The personal rights of spouses include:
The right to choose a family name by
spouses;
The right for the spouses to decide the
issues of raising children and family life;
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Pages:
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The spouses' right to choose an
occupation, profession and place of
residence;
The right to the upbringing and education
of a child;
The right to motherhood, fatherhood and
others.
However, this list is not in any way restrictive
and other rights may arise during the period of
marriage.
Matters of family life are decided by spouses
jointly, based on the principle of equality of
spouses. Spouses are obliged to build their
relations in the family on the basis of mutual
respect and mutual assistance, to promote the
well-being of the family, and to take care of the
well-being and development of their children.
These are declarative norms, since for the most
part personal relations between spouses are
governed by moral norms and customs.
The personal rights and obligations of spouses
cannot be changed or terminated by an
agreement between the spouses; they cannot
be the subject of a marriage contract [6, p. 35].
The spouses' personal responsibilities include:
To
promote
the
well-being
and
strengthening of the family;
To take care of the welfare and
development of their children.
Build their relationships in the family on the
basis of mutual respect and mutual
assistance;
Take care of health promotion, physical,
mental and moral development of all
family members;
Reckon with the opinion of the spouse and
other family members when solving
various family issues;
Not create obstacles to the spouse when
choosing his surname when entering into
marriage;
Not to interfere with the spouse in
choosing his occupation, profession, place
of stay and residence;
Not to violate the rights, freedoms and
legally protected interests of other family
members.
Unlike personal non-property legal relations
between spouses, property legal relations lend
themselves to legal regulation much better.
Property legal relations of spouses refer to
relations arising from a marriage registered in
accordance with the established procedure in
state bodies.
In accordance with article 6 of the Family Code
of the Republic of Uzbekistan, civil legislation is
applied to property and personal non-property
relations between family members that are not
regulated by family legislation insofar as it does
not contradict the essence of family relations.
Consequently, the norms of family law
regulating the property relations of spouses
are supplemented by norms of civil law. Thus,
all general norms of the Civil Code of the
Republic of Uzbekistan on property in general
and on joint property in particular are
applicable to the property relations of spouses.
The procedure and grounds for concluding,
changing, terminating a marriage contract and
invalidating a marriage contract, along with the
norms of the Family Code of the Republic of
Uzbekistan, are governed by the relevant
norms of the Civil Code of the Republic of
Uzbekistan on transactions and contracts. The
norms of family law governing the property
relations of spouses are special in relation to
the corresponding norms of civil law. They,
firstly, detail the provisions of the Civil Code of
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the Republic of Uzbekistan, and secondly, they
establish certain exceptions to the general
rules provided for by civil legislation, related to
the specifics of family relations, which are
personally confidential.
Based on the foregoing, the following
definition can be given: "Property legal
relations of spouses are social relations
regulated by the norms of family and civil law
that develop between spouses regarding
property acquired in marriage and mutual
provision of maintenance."
Property relations between spouses, regulated
by the norms of family law (property legal
relations), are traditionally divided into two
main groups:
1.
Relations with regard to common
matrimonial property (that is, property
acquired by spouses during marriage);
2.
Relations regarding the mutual material
content (alimony obligations).
The state establishes legal regimes for the
property of spouses, which make it possible to
achieve the satisfaction of their legitimate
interests in the regulation of any property
relations. According to the Family Code of the
Republic of Uzbekistan, there are two types of
property regime for spouses: legal (Articles 23-
28 Family Code of the Republic of Uzbekistan)
and contractual (Articles 29-36 Family Code of
the Republic of Uzbekistan).
The legal regime of the spouses' property
applies in all cases where a marriage contract
has not been concluded between the spouses.
The legal regime presupposes that the
property acquired by spouses during marriage,
as well as acquired before the registration of
the marriage at the common funds of the
future spouses, is their common joint property,
unless otherwise provided by law or the
marriage contract. Spouses have equal rights
to own, use and dispose of the property that is
their common joint property. The contractual
regime assumes that the property rights and
obligations of the spouses during marriage and
in the event of its dissolution are determined
by agreement of the parties, in which they have
the right to deviate from the legal regime of
the spouses' property.
The property belonging to each of the spouses
(separate property) can be divided into three
parts.
First
, premarital property, i.e. property
acquired before marriage. It is important to
note that it is also not common joint property
acquired, although during marriage, but at the
personal expense of one of the spouses, which
belonged to him before marriage.
Secondly
, property acquired free of charge, i.e.
property acquired during marriage under
gratuitous civil transactions. The law includes
inheritance, a donation agreement, as well as
the acquisition of residential premises by way
of privatization to such transactions. State and
other awards also apply to separate property.
Thirdly
, individual property, i.e. things for
individual use, including those acquired at the
expense of common funds. Article 26 of the
Investigative Committee of the Republic of
Uzbekistan names only clothing and footwear,
but does not provide an exhaustive list of such
property. At the same time, it is obvious that
such things should include underwear,
personal hygiene items, and other property,
normally intended for use by only one person.
The only exception to this rule is property
related to jewelry and other luxury goods.
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Property relations governed by family law
include not only rights, but also obligations. In
order to determine which particular spouse will
be responsible for the undertaken obligation, it
is necessary:
To set the time of the conclusion of the
obligation, i.e. before the registration of
marriage or at the time of being in it;
Find out the purpose of the obligation;
Determine the amount of damage caused
by non-compliance with the obligation.
Personal obligations include those that are
aimed at meeting the individual needs of one
of them, and general obligations are those of
prisoners in order to cover the needs of the
whole family [7].
Thus, the following distinctive features of legal
relations
between
spouses
can
be
distinguished:
The rights and obligations of the spouses
arise from the moment the marriage is
registered with the civil registry offices;
All rights and obligations of spouses are
divided into two groups: personal and
property;
Personal rights of spouses are inalienable
from their bearer, as well as by the will of
their owner;
The personal rights of the spouses cannot
be the subject of any transactions and do
not have a monetary or other material
equivalent;
The personal rights of the spouses
terminate with the termination of the
marriage, and disputes related to property
rights arise in most cases after the
termination of the marriage;
The property of the spouses may include
not only material objects and legal claims,
but also the obligations of the spouses
(debts).
In the Republic of Uzbekistan, as in many
developed countries, the family as a social and
cultural institution is undergoing profound
changes, which are manifested, first of all, in a
decrease in the number of marriages; an
increase in the number of divorces and the
formation of families of estranged spouses.
Referring to the statistics of divorces in 2020,
28 233 divorces were registered, which is 3156,
or 20% less than in 2019 (31 389) [8]. The
authorities consider divorce to be one of the
foundations of the disintegration of moral
values and family foundations and associate it
with an increase in crime, including child and
female migration, unemployment, an increase
in the number of families without financial
support, an increase in lawsuits for alimony,
etc.
Every year in Uzbekistan, after divorce,
hundreds of thousands of women remain
single, some of whom acquire the status of
single mothers. Thus, according to research
carried out by the Mahalla Va Oila Research
Institute under the Ministry for Support of
Mahalla and Family, the number of single
mothers throughout the country is 5459. At all
times, single mothers were one of the most
vulnerable groups of the population. After all,
a woman who, for one reason or another, was
left alone with a child in her arms, needs not
only to raise a child - she needs to provide him
with everything he needs, which requires a lot
of physical and material costs. And if a woman
does not have any outside help in the form of
alimony, social benefits, etc., then this is very
difficult to do.
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Pages:
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In the current legislative and regulatory legal
acts of the Republic of Uzbekistan, there is no
concept of "single mother", but, nevertheless,
we can talk about the assistance that is
provided by the state to socially vulnerable
segments of the population. Low-income
families registered in the Unified Register of
Social Protection are exempted from parental
fees in kindergartens, for renting school
textbooks, for studying in music and art
schools and Barkamol Avlod centers. In
addition, according to article 180 of the Tax
Code of the Republic of Uzbekistan, tax
benefits are provided only for single mothers
with two or more children under 16 years of
age [9, p. 187]. However, despite the benefits
provided, the status of single mothers has not
been fully regulated.
CONCLUSION
Studying the legislation of other foreign
countries, in some of them you can find the
definition of the concept of “single mother”.
Thus, according to Article 18 of the Law of
Ukraine “On State Assistance to Families with
Children”, the status of single mothers in
Ukraine is granted to women who are not
officially married, have children who have not
yet reached the age of majority and are
supported by their mothers. In the birth
certificate of children, there must be no record
about the father, or it was entered according
to the mother's words by authorized
employees of the “civil registry” in the
established legal order. According to the
legislation of the Republic of Belarus, single
mothers include women who are not married
and have children, in the birth certificate of
which the father is recorded in the prescribed
manner at the direction of the mother, as well
as widows who have not remarried and are
raising minor children. In Germany, single
mother status is granted to a woman who lives
separately from her husband. That is, we know
about dad, and he can even pay child support,
she just lives alone with the child.
Based on the foregoing, it is proposed to
include the concept of “single mother” in the
legislation of the Republic of Uzbekistan,
indicate who has the right to receive this
status, which div provides this status, what
benefits are provided, etc.
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