THE LEGAL NATURE OF PROPERTY AND NON-PROPERTY FAMILY RELATIONS

Aliya MUSAYEVA

MUSAYEVA A. (2022), THE LEGAL NATURE OF PROPERTY AND NON-PROPERTY FAMILY RELATIONS, Scientific Bulletin of Dnipropetrovsk State University of Internal Affairs, Special Issue № 1, 111-120

DOI: 10.31733/2078-3566-2022-5-111-120

 

ABSTRACT. Understanding the legal status of the family is important in law enforcement. The concept of family legal relations and their types are defined by the Code of Marriage and Family of the Republic of Kazakhstan. Family legal relations in family law regulate almost all spheres of life and relations in the family. The content of family legal relations is formed by the legal and responsibilities of the participants. At the same time, the transfer of any rights of participants in family relations is strictly prohibited, since family legal relations, the types of which are both non-property and property.

Non-property relationships of a personal nature include the conclusion or dissolution of marriage, the birth of a child or its adoption, this also includes decisions that spouses make together – for example, choosing a surname and other points related to joint life. This is also where the duties of raising a child, its education and other important aspects of life are carried out.

Personal non-property legal relations of family members are regulated by law. Despite the fact that personal non-property relations prevail in the family, as they are determined by the very essence of marriage and kinship, most of them are outside the scope of legal regulation.

In this regard, the article establishes a circle of contracts in family law that regulate both property and non-property relations of the subjects of family relations, their features are revealed based on the analysis of the legal consequences of concluding such contracts, as well as those caused not only by non property nature, but also family-law nature and modernization of the specified articles, can be additional protection for disabled family members.

Keywords: family, family legal relations, subjects of family legal relations, property, marriage, spouses, joint property.

References

  1. Dictionary : Meanings & Definitions of Words. URL : https://www.dictionary.com/.
  2. Family Law : Legal encyclopedia / resp. ed. Yu. S. Shemshuchenko and others. Kyiv: Ukrainian encyclopedia named after M. P. Bazhana, 2003. Vol. 5. 736 p.
  3. Manankova R. P. The legal status of a family member under the law. 1985. 22 p.
  4. Krasavchikov O. A. Decree. op. 42 p.
  5. Civil Code of the Republic of Kazakhstan dated December 27, 1994. Code of the Republic of Kazakhstan dated December 27, 1994 No. 268-XIII. Gazette of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24.
  6. Decision of the Pavlodar city court dated January 20, 2020 (case No. 5510-19-00-2/15904). URL : https://office.sud.kz/courtActs/document.xhtml.
  7. Decision of the Rudny city court of Kostanay region dated October 28, 2020 (case No. 3924-20- 00-2/582). URL : https://office.sud.kz/courtActs/document.xhtml.
  8. Code on marriage (matrimony) and family of the Republic of Kazakhstan dated December 26, 2011, No. 518-IV ZRK (as amended on 07.07.2020). Gazette of the Parliament of the Republic of Kazakhstan. 2011. No. 22, art. 174; 2012, No. 21-22, Art. 124; 2013, No. 1, art. 3; No. 2, art. 13. Kazakhstanskaya Pravda. 01/07/2012. No. 6-7 (26825-26826).
  9. Mukanova M.Zh., Harutyunyan E. Treaties and agreements in family law. Bulletin of KarSU. History series. Philosophy. Law. 2009, No. 4 (56). P. 227-233.
  10. Webers Ya. R. Legal personality of citizens in Soviet civil and family law. Monograph. Riga : Zinatne, 1976. 232 p.
  11. Krasavchikova L. O. The concept and system of personal, non-property rights of citizens (individuals) in the civil law : abstract diss. … d.j.n. 1994. 435 p.
  12. Law of the Republic of Kazakhstan dated December 20, 1991 No. 1017-XII “On Citizenship of the Republic of Kazakhstan”: ILS “Adilet”.
  13. Family Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan dated December 28, 1999, No. 781-IQ).
  14. Code of the Republic of Belarus dated July 9, 1999 No. 278-З On marriage and family. URL : https://online.zakon.kz/document/?doc_id=30414964.
  15. Baydeldinova M. B. Some aspects of determining the parties to a marriage contract and their legal capacity in the legislation of the post-Soviet states. Analytical review. 2008. No. 5. P. 94-100.
  16. Baydeldinova M. B., Dalpane F. P. On the issue of property relations of spouses in Kazakhstani family law: regimes of spouses’’ owners. Bulletin of KazNU. 2015. No. 4 (76). P. 128-136.
  17. Maslov V. Property relations in the family. Scientific and practical commentary on the current legislation of the USSR, RSFSR, Ukrainian SSR and the practice of its application. Publishing House of Kharkov University. Kharkov. 1972. 186 p.
  18. Maksimovich L. The marriage contract in law. 2003. 144 p.
  19. Zhilinkova I. V. The legal regime of the property of family members. Kharkiv: Ksylon, 2013. 155 p.
  20. Turysbekova G. G. Theoretical problems of legal regulation of the institution of motherhood in the Republic of Kazakhstan. Thesis for the degree of Doctor PHD: 6D030100. Jurisprudence. Al-Farabi Kazakh National University. Almaty, 2016. 152 p.
  21. Khazova O. Marriage and divorce in bourgeois family law. Comparative legal analysis. 1988. 173 p.
Views: 9,020