scholarly journals DEFINITION OF THE CONCEPT OF MARRIAGE CONTRACT: NEW APPROACHES

2021 ◽  
pp. 58-62
Author(s):  
O. Mykhalniuk
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Legal Regime ◽  
Judicial Practice ◽  
Marriage Contract ◽  
Marital Property ◽  
Separate Property ◽  
Definition Of

The purpose of the article is to study current issues of regulation of family relations under the marriage contract, to define the concept and content of the marriage contract in the light of new trends in notarial and judicial practice of Ukraine. For this research a number of general scientific and specific legal methods have been used, namely analysis of the legal issues, judicial categories, applied comparative-legal, systematic- structural, formal-logical methods and etc.. The author proposes a systematic approach to the study of problems of changing legal regimes of marital property under the marriage contract. It is based on the author's understanding of the concept and the legal nature of "legal property regime" in science of civil and family law of Ukraine, and analysis of the existing judicial practice within mentioned-above sphere. The notion "change the legal regime of marital property" and "change of property types" are not identical in content. The change of the legal regime of the spouses' property does not provide for the transfer of ownership of this property. It is proved that the legal regime of the property of spouses under a marriage contract can be changed only regarding the property, which will be acquired in the future. The effect of legal regime of separate property on the property, which was acquired by spouses in marriage (common property) is in contradiction with part 5, article 93 of the Civil Code of Ukraine. In this case there is actually a transfer of ownership. It is proposed to expand the range of legal relations that can be regulated by a marriage contract, namely: to include not only property but also personal non-property relations of brides and spouses. The author also proposes the definition of marriage contract as a legal instrument between spouses or fiancé and fiancée, which determines their property and personal none-property rights and obligations, in particular, regarding the establishment (change) of legal regime of future property, the regulation of its usage and dispossession, division of revenues and expenses and their property and personal non-property rights as parents in marriage and (or) in case of divorce. Keywords: family law, marriage contract, legal regime of spouses' property, joint common ownership, joint partial ownership, regime of separate property of spouses, regime of common property of spouses.

scholarly journals On the Prospects for the Development of the Institution of Joint Property of Spouses

2020 ◽  
Vol 17 (3) ◽  
pp. 109-112
Author(s):  
Elena Nevzgodina ◽  
Natalia Temnikova
Keyword(s):  
Common Property ◽  
Family Law ◽  
Educational Process ◽  
Theory And Practice ◽  
Property Relations ◽  
Judicial Practice ◽  
Current State ◽  
Beneficial Ownership ◽  
Marital Property ◽  
Further Development

Introduction. The review presents A. A. Dobrovinsky’s monograph “Problems of property relations in family law of the Russian Federation: theory, practice and law reform” (Moscow: Eksmo, 2020. 208 p.), devoted to theoretical and practical problems of the legal regime of marital property. The monograph illuminated a number of topical and problem issues of the theory and practice of family disputes concerning common property of spouses, such that circumvented proper attention in the science of family law and cause significant difficulties in the judicial practice: the issues of presumption of spousal consent for the transaction with the common property and the fixing of this agreement, especially in business assets, stocks and shares and also “beneficial ownership” of spouses. Conclusion. The monograph can be recommended not only for the purposes of further development of the science of family law, but also for family law and law enforcement. Written in a lively and clear language, with a remarkable logic of presentation, it is undoubtedly also recommended for use in the educational process, as an indicator of the current state of disputes over the division of marital property.

scholarly journals Demarcation of the Liability of Spouses Under Common Obligations in Marital Property Division

2021 ◽  
Vol 1 ◽  
pp. 23-26
Author(s):  
Maria V. Savelyeva ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Consumer Credit ◽  
Legal Regime ◽  
Marital Property

The availability of consumer credit has led to the spread of debt obligations in modern Russia. Most families during marriage manage to acquire not only assets in the form of property rights, but also liabilities in the form of debt obligations. The issue of the legal regime of such debts during marriage has been resolved by the legislator, but the fate of the spouses’ common obligations in the event of a judicial division of property remains unresolved. The article discusses the emerging approaches to the regulation of common debt obligations in the case of the division of common property of spouses.

scholarly journals On the History of the Marriage Contract in Domestic and Foreign Legislation

2021 ◽  
pp. 030-037
Author(s):  
A. V. Lapaeva
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Legal Documents ◽  
Marriage Contract ◽  
Marital Property ◽  
History Of ◽  
Historical Retrospect ◽  
Legitimate Interests ◽  
Russian Law ◽  
The Right

The genesis of the marriage contract in domestic and foreign legislation is studied. The main stages of the emergence and development of the marriage contract in various countries are outlined. A parallel is drawn between national and international family law in historical retrospect. The article analyzes the procedure and conditions for concluding a marriage contract in various countries. It is proved that the marriage contract is the optimal tool in protecting the property rights and interests of married persons. It is established that the marriage contract is not new for Russian law; it has a fairly long, centuries-old history. According to the evidence of preserved legal documents, until 1917, the marriage contract was a familiar and convenient legal instrument for protecting the rights and legitimate interests of spouses. In modern Russian law, the legislator tried to take into account not only the peculiarities of the historical formation of the institution of the marriage contract in Russia, but also the experience of foreign legislation, giving the spouses the right to establish the regime of marital property at their discretion.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

scholarly journals BANKRUPTCY ESTATE OF THE DEBTOR’S SPOUSE: AN INTERSECTORAL ASPECT

2020 ◽  
pp. 26-30
Author(s):  
А.S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Bankruptcy Law ◽  
Joint Ownership ◽  
The Common

The bankruptcy estate of the debtor spouse is all property belonging to him both on the basis ofindividual and joint ownership, including unfulfilled property obligations. The composition of the propertyof spouses is determined by the rules of family law, taking into account the legal regulation of certain typesof property, which requires special attention when forming the bankruptcy estate of the debtor spouse. Thebankruptcy estate may include the property of a citizen, making up his share in the total property, which maybe levied in accordance with civil law, family law. Family relations are built on the principle of community,which affects the implementation of bankruptcy law. To foreclose on the share of the debtor spouse, it isnecessary to separate the share of the debtor spouse from the common property, while the bankruptcy lawallows the sale of common property with the subsequent payment of funds to the debtor’s spouse.

MATRIMONIAL PROPERTY RELATIONS IN THE INTERNATIONAL FAMILY LAW: METHODOLOGY OF REGULATION

2017 ◽  
Author(s):  
Yevhen Tkachenko ◽  
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Family Law ◽  
Family Relations ◽  
Self Regulation ◽  
Essential Element ◽  
Legal Regulation ◽  
Legal Regime ◽  
Property Relations ◽  
Law Regulation

As a result of this study, the family law regulation of matrimonial property relations was found to have its specific mechanism which is defined as a single system of legal ways and means providing mainly dispositive legal influence on family relations that allows significant influence of individual self-regulation and restrictions of prohibitions. At the present stage of study, this mechanism is considered as a ‘complex’ phenomenon which has several layers. Therefore, different interpretations of the mechanism for family law regulation of matrimonial property relations, derived at various levels, show not only their distinctive but also their common features. Determination of heterogeneous circumstances affecting the matrimonial property relations requires an analysis of the content and legal regulation of the relations related to property ones, since they are influenced by the mechanism for family law regulation of matrimonial property relations. Therefore, the methodology is the most essential element of this mechanism: it reveals the basic legal principles of family law regulation and directly connects legal tools with the objectively determined needs of social life by using the regulatory functions of law. The structure of the methodology of the mechanism for family law regulation of matrimonial property relations includes permits, prohibitions, instructions, incentives, obligations, sanctions and other ways to influence proper relationships. Methods of family law regulation are determined as methods of legal influence on the relevant social relations. They reflect the essence of a particular legal regime of regulation, while serving as a unifying principle which groups the system of family law and other legal phenomena within the institutions of family law. In this sense, the main methods of legal regulation are the method of subordination and the method of coordination. As a result, it is determined that each family law method reflects a special legal regime of regulation and depends on the formation of a specific set of techniques and means of regulation, among which a special place is occupied by general permits and general prohibitions.

ISSUES OF CHILDREN'S RIGHTS IN “AVESTO”

2021 ◽  
Vol 6 (2) ◽  
pp. 19-25
Author(s):  
Murod Turgunov ◽  
Keyword(s):  
Pregnant Women ◽  
Children And Adolescents ◽  
Legal Status ◽  
Family Law ◽  
Family Relations ◽  
National Legislation ◽  
Rights Of The Child ◽  
Modern Family ◽  
Definition Of ◽  
Criminal Legislation

Thecurrent article discusses the issues of ensuring the rights of the child in the Avesta, the sacred book of the Zoroastrians, analyzes the problems of modern family law, implementation of theprovisions of international legal instruments into national legislation regulating family relations in the historical and legal values.Furthermore, the author examines issues related to the definition of pregnancy, its termination, and the legal status of pregnant women based on the analysis of the relevant parts of the Avesta.On the basis of the study of the provisions of this holy book, the author compares the provisions of the modern criminal legislation of Uzbekistan with the provisions of this historical book on marriages, the definition of kinship, the legalstatus of children and adolescents

scholarly journals Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.

scholarly journals Divorcing Marriage from Marital Assets: Why Equity and Women Fail in Property Readjustment Actions in Nigeria

2018 ◽  
Vol 62 (3) ◽  
pp. 427-446
Author(s):  
Michael Attah
Keyword(s):  
Property Rights ◽  
Court Cases ◽  
Conservative Approach ◽  
Marital Property ◽  
Definition Of ◽  
Property Regime

AbstractApplicable statutes give Nigerian courts discretion to achieve fairness in marital property readjustment. Ironically, the courts’ approach has often been to adjudicate on the basis of formal title, resulting in a general failure to make any readjustments. This article offers two alternative explanations for this judicial behaviour: absence of a specific statutory marriage-centred definition of matrimonial property; and the courts’ failure to appreciate the implicit matrimonial property regime revealed by a perspicacious interpretation of the statutes. These factors lead the courts to exercise a title-finding jurisdiction instead of an adjustive one. This conservative approach results in the courts exercising an exclusionary prescription of property. These flaws ignore the socio-cultural underpinnings and environment of marriage that support patriarchy in Africa and generally “disable” women in relation to property rights. Sample court cases support this thesis and underscore the need for a statutory definition of matrimonial property, with marriage as its denominator.

Part VI The Law of Property, 37 Matrimonial Property

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Property Rights ◽  
General Rule ◽  
Legal Reform ◽  
Legal Regime ◽  
Applicable Law ◽  
Civil Partnership ◽  
Marriage Contract ◽  
Recognition And Enforcement ◽  
Property Regimes ◽  
Husband And Wife

This chapter examines the legal regime governing matrimonial property, and more specifically the rights of a husband and wife in the movable and immovable property which either of them may possess at the time of marriage or may acquire afterwards. It first considers the general rule on assignment where there is an ante-nuptial contract as well as the assignment where is no ante-nuptial contract, focusing in particular on the application of matrimonial domicile in the case of movables and the effect of marriage on the spouses' immovables in the absence of a marriage contract. It then discusses the question of property rights arising from civil partnership and cohabitation, citing the relevant provisions of the Civil Partnership Act 2004, and concludes with an overview of European proposals for legal reform with respect to jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

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