S. Zykov

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

2019. No. 2. P. 189–208 [issue contents]
The article deals with the content and form of presentation in the current Russian legislationof personal non-property rights of spouses. The purpose of the work is to determine thedirections for possible adjustment of these rights in terms of their functions to ensurethe possibility of executing personality in family relationships, the prerequisite of whichis 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 aimedat preserving the family as a community; At the same time, when such an orientation ispresent, 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. Asthe main result of the examination of the specialized literature on the issue, it is concludedthat the content of the personal non-property rights of the spouses in it is consideredat the very minimum. Predominantly considered the possibility of their regulation of themarriage contract, classification, application to protect compensation for moral harm.The analysis of judicial practice leads to a conclusion about the insignificant practicalsignificance of personal non-property rights in the current normative submission, whichallows 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 andsimilar 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 ofborrowing legal norms as such, but also of consistency, the priority of their representationin the law. The conclusion is also made about the preferential form of presentation ofpersonal non-property rights of spouses in the form of corresponding reciprocalobligations. Such rights should be a priority in the system of presentation. In addition, theauthor proposes to expand their content (understanding the controversy of a number ofproposals, the author proposes to make them a subject of discussion). Rights borrowedfrom other branches of law (to choose the place of residence and occupation) shouldtake the appropriate subordinate place and include reservations that are specific to thefamily relationship.
For citation: Zykov S.V. (2019) Personal Non-property Rights of Spouses: Need in Legal Regulation. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 189–208 (in Russian) DOI: 10.17-323/2072-8166.2019.2.189.208
Citation: Zykov S. (2019) Lichnye neimushchestvennye prava suprugov: neobkhodimost' pravovogo regulirovaniya [Personal Non-property Rights of Spouses: Need in Legal Regulation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 189-208 (in Russian)
Rambler's Top100 rss