Personal Non-property Rights of Spouses: Need in Legal Regulation

Abstract

The article deals with the content and form of presentation in the current Russian legislation of personal non-property rights of spouses. The purpose of the work is to determine the directions for possible adjustment of these rights in terms of their functions to ensure the possibility of executing personality in family relationships, the prerequisite of which is to ensure the stability of the family institution. At the same time, historical, modeling, comparative law methods were used. In the presented form, they are not always aimed at preserving the family as a community; At the same time, when such an orientation is present, the norms are formulated too lapidary. Turning to the domestic legal history on this issue, we, of course, come across their regulation on completely different grounds. As the main result of the examination of the specialized literature on the issue, it is concluded that the content of the personal non-property rights of the spouses in it is considered at the very minimum. Predominantly considered the possibility of their regulation of the marriage contract, classification, application to protect compensation for moral harm. The analysis of judicial practice leads to a conclusion about the insignificant practical significance of personal non-property rights in the current normative submission, which allows us to raise the issue of their adjustment, focusing on their psychological impact. The appeal to the foreign legislation of the states of the continental legal system and similar historical experience allows us to find solutions aimed at strengthening the family, remaining in the same civilizational paradigm. It is necessary to raise the issue not only of borrowing legal norms as such, but also of consistency, the priority of their representation in the law. The conclusion is also made about the preferential form of presentation of personal non-property rights of spouses in the form of corresponding reciprocal obligations. Such rights should be a priority in the system of presentation. In addition, the author proposes to expand their content (understanding the controversy of a number of proposals, the author proposes to make them a subject of discussion). Rights borrowed from other branches of law (to choose the place of residence and occupation) should take the appropriate subordinate place and include reservations that are specific to the family relationship.