of April 30, 1998
The family legislation consists of of this Code and other acts of the legislation adopted according to it.
Tasks of the family legislation are strengthening of family, creation of the family relations on feelings of mutual love, trust and mutual respect, cooperation, mutual assistance and responsibility to family of all her members, inadmissibility of any intervention someone in cases of family, ensuring free implementation by members of the family of the rights and their protection.
Regulation of the family relations is performed on the basis of the principle of voluntariness of the marriage union of the man and the woman, equality of personal and property rights of spouses, permission of intra family questions by mutual consent, priority of family education of children, care of their welfare and development, ensuring protection of the rights and interests of minor and disabled family members.
All citizens have the equal rights in the family relations. Any direct or indirect restriction of the rights, establishment of immediate or indirect advantages in case of marriage and intervention in the family relations depending on floor, race, nationality, language, religion, social origin, beliefs, personal and social standing and other circumstances is not allowed.
The rights of citizens in the family relations can be limited only based on the law and only in that measure in what it is necessary for the purpose of protection of morality, honor, advantage, health, the rights and the interests of other family members and other citizens protected by the law.
The family, motherhood, paternity and the childhood are in the Republic of Uzbekistan under protection of the state.
Motherhood and paternity in the Republic of Uzbekistan stand high in esteem and respect.
Protection of interests of mother and child is provided with special measures on labor protection and health of the woman, creation of the conditions allowing women to combine work with motherhood, legal protection, material and moral support of motherhood and the childhood.
The family having four and more children who did not reach eighteen years is large family. At the same time, if from four and more children one or more study full-time in the educational organizations (secondary vocational and professional, higher education) and did not reach age of twenty two years, this family is also considered large family.
The state provides provision to large families of privileges and social guarantees according to the legislation.
The family legislation establishes conditions and procedure for marriage, termination of scrap and recognition by its invalid, governs the personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted), and in the cases and limits provided by the family legislation - between other relatives and other persons, and also determines forms and procedure for the device in seven children without parental support, order of registration of acts of civil status.
The civil legislation is applied to the property and personal non-property relations between family members which are not settled by the family legislation so far as it does not contradict being of the family relations.
If the relations between family members are not settled by the family legislation or the agreement of the parties, and in the absence of the regulations of the civil legislation which are directly governing the specified relations to such relations if it does not contradict their being, the regulations of the family and (or) civil legislation governing the similar relations (analogy of the law) are applied. In the absence of such rules of law and obligation of family members are determined proceeding from the general principles of the family and civil law (analogy is right), and also the principles of humanity, rationality and justice.
In case of absence in the legislation of the relevant standards in regulation of the family relations the local customs and traditions which are not contradicting the principles of the legislation of the Republic of Uzbekistan are applied.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which contain in the family legislation of the Republic of Uzbekistan then are applied rules of the international treaty.
Citizens at discretion dispose of the rights belonging to them following from the family relations.
Implementation by members of the family of the rights and execution of the obligations by them shall not violate the rights, freedoms and legitimate interests of other family members and other citizens.
Protection of the family rights is performed by court on civil procedure rules, and in the cases provided by this Code - guardianship and custody bodies or other state bodies.
Protection of the family rights is performed by the methods provided by the relevant articles of this Code.
On the requirements following from the family relations, limitation period does not extend, except as specified, established by this Code.
In case of application of the regulations establishing limitation period, the court is guided by the Civil code of the Republic of Uzbekistan.
Scrap consists in bodies of civil registration.
Braque imprisoned on religious practice has no legal value.
Marriage is made in case of personal presence of persons marrying after month from the date of submission of the statement by them in bodies of civil registration.
In the presence of reasonable excuses the body of civil registration can resolve marriage before the expiration of month.
Marriage is made according to the procedure, established for state registration of acts of civil status.
The refusal of body of civil registration in registration of scrap can be appealed directly in court or to body, higher according to the procedure of subordination.
Scrap consists voluntarily.
It is necessary for marriage that future spouses had capability freely to express the consent. Coercion to marriage is forbidden.
In the presence of reasonable excuses, in exceptional cases (pregnancy, the child's birth, the announcement of the minor sui juris (emancipation) hoky the area, the city in the place of state registration of scrap can at the request of persons wishing to marry, reduce age of consent, but no more than for one year.
Marriage is not allowed:
between persons of whom at least one consists already in other registered scrap;
between relatives on the direct ascending and descending line, between full and not full brothers and sisters, and also between adoptive parents and adopted (adopted);
between persons from whom at least one is recognized as court incapacitated owing to mental disturbance (sincere disease or weak-mindedness).
Persons marrying undergo physical examination in organizations of the state health care system on free basis. The amount and procedure for carrying out physical examination are established by the Cabinet of Ministers of the Republic of Uzbekistan".
Physical examination of persons marrying aged is more senior than fifty years, and also in the presence of the special circumstances specified in part five of article 13 of this Code is carried out from their consent.
From the moment of registration of scrap in bodies of civil registration of person, got married, become spouses and from now on between them there are rights and obligations of spouses.
Spouses have the equal rights in family and perform equal duties.
In case of marriage of the spouse voluntarily choose surname of one of spouses as their general surname or each of spouses keeps the premarital surname.
Change of surname by one of spouses does not involve change of surname of other spouse.
Questions of education of children and other issues of life of family are resolved by spouses jointly.
Each of spouses is free in the choice of occupation, profession, the place of stay and residence.
The property acquired by spouses during scrap, and also acquired before registration of scrap for general means of future spouses is their common joint property if the law or the marriage agreement do not provide other.
The income of each of spouses from labor activity, business activity and results of intellectual activities received by them pensions, benefits and also other money payments which do not have special purpose (the amount of financial support, the amount paid in compensation of damage in connection with disability owing to mutilation or other damage of health and others) belong to the property acquired by spouses during scrap (common property of spouses). Common property of spouses are the movable and immovable things which are also acquired by total income of spouses, securities, shares, deposits, equity interests contributed in credit institutes or in other commercial organizations, and any other property acquired by spouses during marriage irrespective of addressed to which of spouses it is acquired or addressed to whom or which of spouses deposits money.
Spouses have the equal rights to common property and if one of them was busy with housekeeping, care of children or on other reasonable excuses had no independent earnings and other income.
The rights of spouses to own, use and dispose of the property which is joint property of members of farmer and Dehkan farms are determined by the laws on farmer and Dehkan farms. The Section of property of farmer and Dehkan economy is made by the rules provided by Articles 223 and 225 of the Civil code of the Republic of Uzbekistan.
Spouses have the equal rights of ownership, use and order of the property which is their common joint property.
When making by one of spouses of the transaction on the order the common property of spouses supposes that he acts with the consent of other spouse.
The transaction made by one of spouses according to the order common property of spouses can be acknowledged as court invalid based on lack of consent of other spouse only according to its requirement and only in cases if it is proved that other party in the transaction knew or obviously shall know about disagreement of other spouse on making of this transaction.
For making by one of spouses of the transaction on the order by the common real estate which is drawn up on his name it is necessary to receive notarially certified consent of other spouse. Spouses, whose notarially certified consent to making of the specified transaction was not received, have the right to require recognition of the transaction invalid judicially within year from the date of when he learned or shall learn about making of this transaction.
The property belonging to each of spouses before marriage, and also received by one of them during scrap as a present according to the procedure of inheritance or according to other non-paid transactions, is its property.
The property of each of spouses can be recognized as their joint property if it is determined that during marriage due to common property of spouses or property of each of spouses or work of one of spouses the investments considerably increasing the cost of this property were made (capital repairs, reconstruction, re-equipment and others).
Things of individual use (clothes, footwear and so forth), except for jewelry and other luxury goods, though acquired during scrap at the expense of general means of spouses, are private property of that spouse who used them.
The Section of common property of spouses can be made both during marriage, and after its termination upon the demand of any of spouses, and also in case of the statement the creditor of the requirement about the Section of common property of spouses for the address of collection on share of one of spouses in common property of spouses.
The common property of spouses can be divided between spouses under their agreement. At the request of spouses their agreement on the Section of common property can be notarially certified.
In case of dispute the Section of common property of spouses, and also determination of shares of spouses in this property are made judicially.
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