THE PROBLEM OF THE INSTITUTE OF NON-PROPERTY RIGHTS OF SPOUSES

Author(s):  
Аниса Асламбековна Попанова

В статье рассматривается вопрос о содержании и юридической технике закрепления в современном российском законодательстве личных неимущественных прав супругов. Целью работы является определение направлений возможной корректировки состава таких прав, чтобы они обеспечивали реализацию личности в семейных отношениях в контексте обеспечения стабильности института семьи. The article discusses the issue of the content and legal technique of securing the personal non-property rights of spouses in modern Russian legislation. The aim of the work is to determine the directions of possible adjustment of the composition of such rights so that they ensure the realization of the individual in family relations in the context of ensuring the stability of the institution of the family.

2020 ◽  
Vol 70 (2) ◽  
pp. 192-200
Author(s):  
K.A. Avsydykova ◽  
◽  
A.S. Yelamanova ◽  

The family is the main social institution that carries out spiritual, cultural, personal, physiological development of the individual. Global changes in recent years have led to the emergence of a family crisis, which has an impact on the institution of the family, family and marriage relations and causes public concern. The transformation of the Kazakhstan Family Institute has contributed to the emergence of negative trends, in addition to traditional types of family relations. One of them is an increase in the number of single- parent families consisting of single mothers.


2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov

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.


2020 ◽  
Vol 45 (5) ◽  
pp. 804-828 ◽  
Author(s):  
Amade M’charek ◽  
Victor Toom ◽  
Lisette Jong

The capacity of contemporary forensic genetics has rendered “race” into an interesting tool to produce clues about the identity of an unknown suspect. Whereas the conventional use of DNA profiling was primarily aimed at the individual suspect, more recently a shift of interest in forensic genetics has taken place, in which the population and the family to whom an unknown suspect allegedly belongs, has moved center stage. Making inferences about the phenotype or the family relations of this unknown suspect produces suspect populations and families. We discuss the criminal investigation following the Marianne Vaatstra murder case in the Netherlands and the use of forensic (genetic) technologies therein. It is in many ways an interesting case, but in this paper, we focus on how race surfaced in science and society. We show that race materializes neither in the technologies used nor in the bodies at stake. Rather, race emerges through a material semiotic relation that surfaces in the translation that occurs as humans and things move across sites. We argue that race is enacted, firstly, in the context of legislation as biology reduced to bodily characteristics; secondly, in the forensic analyses as patterns of absent presence; and, thirdly, in society as a process of phenotypic othering.


Author(s):  
Svetlana Voronina

he present research considered the property rights of minors by comparing civil and family legislation. The article covers various matters of separate ownership of parents and children, property management, and the behavior of parents, as well as sectoral and inter-sectoral legal relations as a whole based on family relations. The research was based on normative legal acts, scientific publications, and precedents. Family law regulates the property relations between parents and children regarding the maintenance and personal belongings. Any other property rights of minors fixed by the Family Code go beyond the limits of family law and are part of civil law. The basis of civil property relations of minors is the family relations. Therefore, they have to take into account social and legal relations between parents and children. A prerequisite for the emergence and implementation of property relations is the organizational relations that arise between the subjects of private and public law. Authorization by the guardianship authority ensures the protection of the property rights and interests of children. The regulation of property relations involving minors and their legal representatives is subject to inter-sectoral and inter-subject interaction, which must be taken into account when implementing the rights of minors and protecting them.


2018 ◽  
Vol 2 (1) ◽  
pp. 9-25
Author(s):  
Triana Rosalina Noor ◽  
Wenika Agustitia

Individual wishing a happy marriage, this can be achieved with effort and hard work. One effort that can be done to achieve a happy marriage is to have the right information about married life, thereby can bring up individual awareness that not always marriage is happy, and not always marriage always faces problems. The existence of premarital knowledge will make the individual has readiness in the face of the dynamics of marriage, more able to accept the reality of marriage life and can improve the quality of marriage. This dedication was held in January-March 2017. As for prenuptial psychological counseling process was done by preparing the module book containing the material related to the marriage life that would be discussed and discussed in the mentoring process in the guidance counseling session. The location of the research took place at RW 1 Keluahan. Jambangan Surabaya. These mentoring groups were five prospective Muslim couples who would be married within a period of <6 months and between 6-12 months. The result of this mentoring was that the preparation of prenuptial psychological preparation for Muslim couples was one of the right ways to help the stability of prospective couples before marriage. Through the mentoring that used of module books and counseling process, could facilitate the prospective couples in opening insights about the marriage life, so that it could formulate how the family settings they would build.


2020 ◽  
Vol 1 (191) ◽  
pp. 256-258
Author(s):  
Maria Kozigora ◽  
◽  
Maria Zamelyuk ◽  
Tatyana Oksenchuk ◽  
◽  
...  

The article considers the main aspects of the influence of family relations on the development of personality, in particular, the younger student. Raising children is the most important area of our lives. Our children are future citizens of our country and citizens of the world. They will make history. Our children are future parents, they will also be the educators of their children. They must grow up to be wonderful citizens, good fathers and mothers. But that's not all: our children are our old age. Proper upbringing is our happy old age, bad upbringing is our future grief, it is our tears, it is our guilt before other people, before society. There are dozens, hundreds of professions, specialties, jobs: one builds a railway, another builds a house, a third grows bread, a fourth treats people, a fifth sews clothes. But there is the most universal, most complex and noble work, unique for all and at the same time original and unique in each family - it is a work of man. A distinctive feature of this work is that a person finds in it incomparable happiness. Continuing the human race, the father and mother repeat themselves in the child, and the moral responsibility for the person, for his future, depends on how conscious this repetition is. Every moment of that work, which is called education, is a work of the future and a look into the future. Raising children is a return of special forces, spiritual forces. We create a person with love - the love of father to mother and mother to father, love of father and mother to people, deep faith in the dignity and beauty of man. Beautiful children grow up in families where mother and father love each other and at the same time love and respect people. A person acquires value for society only when he becomes a person, and its formation requires purposeful, systematic influence. It is the family with its constant and natural nature of influence is designed to form character traits, beliefs, attitudes, worldview of the child. Therefore, the allocation of the educational function of the family as the main has a social meaning. For each person, the family performs emotional and recreational functions that protect a person from stressful and extreme situations. The comfort and warmth of a home, the realization of a person's need for trusting and emotional communication, compassion, empathy, support - all this allows a person to be more resistant to the conditions of modern restless life. Despite the large number of studies on the problem of raising children and youth, the socio-pedagogical conditions and factors of the educational process in the family, school and other social institutions are not analyzed in depth. Namely, they determine the strategy of education, which is outlined today in certain trends in the education of the individual in the modern conditions of Ukrainian reality.


1990 ◽  
Vol 34 (1) ◽  
pp. 1-8
Author(s):  
Welshman Ncube

Most countries of the world have at one time or another been confronted with questions of what principles or rules should guide the courts in readjusting the property rights of spouses at the dissolution of their marriage. Virtually all civilised countries have accepted marriage as an equal partnership of two legally equal individuals to which each one of them contributes in one way or another. Most policy makers agree that the partners contribute to the marriage through their division of labour and that these contributions although not equal in absolute terms are nonetheless of equal relative value to the welfare of the family.This recognition of the equal worth and equal importance of the two spouses to a marriage relationship has had profound effects on the matrimonial property regimes of numerous countries which have had to tackle the problem of the construction of a fair and equitable legal formula for the reallocation of matrimonial property rights at the dissolution of marriage. The fundamental problem has been whether a fair and equitable system is achieved by means of fixed rules of apportionment or through flexible discretionary judicial powers exercisable at the discretion of courts, in the light of the individual circumstances of each case.


Author(s):  
Lilit Biati ◽  
Abdul Aziz ◽  
Moh. Imam Khaudli

The Klenik Tourism of the Alas Purwo National Park is visited by many groups of people especially shamans who come to the Alas Purwo National Park from various regions and various religious identities. They did not come alone but by bringing their men to Alas Purwo National Park to perform rituals in the caves and Pancur Beach in the Pancur Resort. In the caves they do semedi also bring the necessary equipment such as incense, flowers, and incense. Because the place is indeed in the forest and still sacred, they still come back to Alas Purwo National Park with certain needs including seeking peace, penance, rituals with a specific purpose. obstacles encountered in efforts to develop the occult destinations of the Alas Purwo National Park, Analyze and Explain the factors that support the success in the development of the occult destinations of the Alas Purwo National Park in Banyuwangi Regency. That is why this research was conducted using qualitative research methods and the analysis used an interactive model (Miles and Hubermen), namely by reducing data, presenting data and drawing conclusions. From several research findings, it was concluded that there were factors that triggered them to do heresy including: insufficient economic needs, repentance or calming down to pray, meditation with specific goals, economic adequacy, shifting life in the family. The occult process is basically the same as people doing rituals, meditation or the like in different ways and places according to the stability of the individual with all kinds of equipment that they think are important for example by bringing offerings, flower flowers, flower flowers, telon flowers, incense or incense. According to the study of occult marketing theory conducted by visitors of the Alas Purwo National Park, it can add to the income of the Alas Purwo National Park, this can be proven by looking at visitor data through the increasing entrance of Rowobendo, due to the increasing number of people from various regions visiting the Park The Alas Purwo National Park which was invited by previous visitors who had performed the ritual by directly speaking to the people who had never visited Alas Purwo National Park, so that those who had never been to the Alas Purwo National Park had a curiosity by joining with those who have performed rituals in Alas Purwo National Park with various successes which according to them have changed their lifestyle after visiting Alas Purwo National Park.


2018 ◽  
Vol 7 (4) ◽  
pp. 100-116
Author(s):  
F.S. Safuanov ◽  
S.S. Kulakov

A retrospective psychological analysis of materials of 102 civil matters (comprehensive judicial psychological-psychiatric examination, CJPPE) on judicial dispute about raising a child in case of separation of parents (53 fathers and 49 mothers) made it possible to identify the relationship between the individual psychological characteristics of parents and the structure of family conflict, as well as features of child-parent relationships. Revealed that the features of personal maturity in both sexes were positive and prognostically favorable both in terms of overcoming the negative effects of a divorce and in terms of preserving harmonious parent-child relationships. Negative and prognostically unfavorable predispositions can be attributed to demonstrative traits in parents of both sexes and a tendency toward affective rigidity in men. Parents with traits of personal immaturity constituted a separate group that did not intersect with carriers of other personality traits, and in general reflected the problem of unpreparedness for marriage and family relations.


2020 ◽  
Vol 15 (4) ◽  
pp. 734-741
Author(s):  
Daueva Tamara Tamerlanovna

Modernization processes cover all aspects of modern Ossetian society. The family, this has led to the transformation of gender roles, traditional gender orders and a radical change in the historically established foundations of the Patriarchal form of the family. This determines the relevance of the study of intra-family relations as an important part of the gender system. In the study of the order of inheritance clearly indicated property relations, social structure and hierarchy of society, as comprehensively fixed economic relations. The article is based on the source, literary material, which allows to reconstruct the intra-family legal culture, position and status of women in the Ossetian family. In scientific circulation introduced new archival materials, mostly court cases on the distribution of property, which clearly show how to resolve intra-family conflicts in inheritance. Ethnographic materials give a description of the property aspects of family and marriage relations: the size of the bride price, the content of the dowry, the property rights of the female part of the family. The author investigates the transformation processes in inheritance, legalization of property rights of women during the introduction of Russian legislation in the region. It is concluded that the issues of family division of property, for the most part, were resolved according to the norms of customary law.


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