国外家庭关系和家庭法合同规定的特殊性

Khurshida Saydivalieva
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引用次数: 0

摘要

家庭是建立在男女正式婚姻基础上的主要社会群体,由父母和子女之间的关系构成,以社会的道德规范和规则为支撑,将人类文化传递给下一代并加以发展。今天,特别注意改善加强这一机构的社会、经济和法律基础。诸如婚姻和家庭关系、保护家庭成员的共同财产和个人非财产权利以及履行家庭义务等问题被认为是热门话题。同时,尽管家庭法合同作为调节家庭关系的一种手段具有特别重要的意义,但人们注意到,这种合同在配偶之间缔结的程度较低。在这方面,出现了需要在家庭法理论中进行研究和研究的问题。在调节家庭关系方面使用决定机制和研究这方面的做法也被认为是重要的。特别是在探讨家庭法合同的概念、内容、类型、分类、法律性质等相关问题的同时,研究国外家庭法关系的原创性,以及基于比较法分析的家庭合同的作用和形式,显得尤为重要。关于家庭法合同的法律性质、类型和分类,科学文献的研究还不够。本文分析了国外家庭法协议的类型及其所规制的关系以及司法实践等问题。通过对比分析,笔者着重研究了家庭契约在家庭关系调节中的作用,并根据分析结果,得出结论和建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PECULIARITIES OF REGULATION IN FOREIGN COUNTRIES OF FAMILY RELATIONS AND FAMILY LAW CONTRACTS
The family is the primary social group based on official marriage between a man and a woman, formed by the relationship between parents and children, supported by the moral norms and rules of society, passing on human culture to the next generation and developing it. Today, special attention is paid to improving the social, economic, and legal foundations for strengthening this institution. Issues such as marriage and family relations, the protection of mutual property and personal non-property rights of family members, and the fulfillment of family obligations are considered topical. At the same time, despite the fact that the family law contract is of particular importance as a means of regulating family relations, it is noted that it is concluded to a lesser extent among spouses. In this regard, questions arise that need to be studied and researched in the theory of family law. The use of dispositive mechanisms in the regulation of family relations and the study of practice in this regard are also considered important. In particular, along with issues related to the concept, content, types, classification, and legal nature of family law contracts, it is important to study the originality of family law relations in foreign countries and the role and form of family contracts based on a comparative legal analysis. There is not enough research in the scientific literature regarding the family law contract, its legal nature, types, and classification. The article analyzes such issues as the types of family law agreements in foreign countries and the relations that are regulated by them, as well as judicial practice. As a result of a comparative analysis, the author focuses on the role of the family contract in the regulation of family relations, and based on the results of the analysis, conclusions and suggestions are made.
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