Some issues of legal regulation of property relations between spouses
Journal Title: Юридические науки и образование - Year 2019, Vol 59, Issue 59
Abstract
In the current Family Code of the Republic of Azerbaijan, the number of norms regulating property relations compared to the regulation of private relations between spouses is much higher. This is not casual. Property relations are, by nature, uncertainty, but on the contrary, require accurate definition. On the other hand, property rights are not always voluntary, but are mandatory in certain circumstances. Moreover, property relations in the family depend not only on the husband and wife, but also on the interests of children, heirs, and creditors. However, it should be borne in mind that property relations in the family are not entirely regulated by legal norms. For example, it is common for couples to take care of everyday households, household troubles (repairing a refrigerator, TV set, washing machine, etc.) or relaxation, treatment, etc. solve their problems with each other verbally. On the other hand, property relations between husband and wife are regulated not only by the Family Code, but also by the Civil Code. Thus, the joint ownership of the spouses is regulated both by civil and family law. The general rules of the Civil Code on property may apply to those relations. However, the rules of family law regarding the spouses’ property should not be contrary to the Civil Code, but must be completed or detailed. At the same time, the provisions of the constitutional law of 21 December 2010 of the Republic of Azerbaijan “On normative legal acts” should be considered. According to Article 2.5 of this Law, the Civil Code of the Republic of Azerbaijan applies to the Civil Code of the Republic of Azerbaijan in contravention of other codes and laws reflecting civil law norms. Family law should also define certain exceptions arising from the general rules and specificity of family relationships. The norms of civil and family law regulating property relations of spouses may be characterized as general and specific norms. The norms regulating property relations between husband and wife have undergone substantial changes in the Family Code and the principle that regulates these relations has essentially changed. Thus, although the previous legislation presupposes that the legal regime of the property of the spouses cannot be violated in any way by their consent, then in the new legislation those relations have been defined not in the imperative order, but in the dispositive content. The legal regime of the spouses' property is that when the parties do not want the material relationship between them to be regulated by a marriage contract, the marriage contract has been canceled or invalidated.
Authors and Affiliations
Asmar Mustafayeva
Keywords
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- EP ID EP595862
- DOI 10.25108/2304-1730-1749.iolr.2019.59.167-190
- Views 79
- Downloads 0
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