Some issues of the division of property between husband and wife under the family legislation of the Republic of Azerbaijan
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
When relationships between family members are based on love, mutual respect, care and attention, their spouse's rights and responsibilities, including property, are almost not subject to dispute or debate. Under these circumstances, spouses use not only their common property, but even their own property as their own property. However, when the marriage does not go through the normal routine, there is a need for interference in the relationship when marriages and disputes between the husband and wife become commonplace and, in general, it is impossible to continue the marriage. It is in these controversial situations that the importance of establishing the right of spouses to have equal rights in family life, including in the sphere of property relations, is reflected in the law. If the Marriage and Family Code, which entered into force before June 1, 2000, distinguishes the types of property acquired during marriage and marriage, the existing Family Code of December 28, 1999, allows the spouses to determine their property rights. Giving. In addition to the legal regime of the spouses' property, a contractual regime is established through the conclusion of a marriage contract. Thus, imperative legal regulation of spouses' property relations was replaced by dispositive legal regulation. The use of a contractual form in regulating family relationships allows the independent selection of property regimes that are the subjects of this right, and the consideration of the many requirements that they may face in family life. The marriage contract also allows the parties to determine and apply their terms in the settlement of family legal disputes. Property relations between spouses can also affect their existing non-property relationships and the effective development of these relationships. From this point of view, proper legal regulation of property relations between spouses is important for the stability of each family's life.
Authors and Affiliations
Asmar Mustafayeva
Keywords
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- EP ID EP649621
- DOI 10.25108/2304-1730-1749.iolr.2019.60.386-404
- Views 87
- Downloads 0
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