配偶和前配偶的赡养费义务:哈萨克斯坦与国外立法的比较法律分析

L.Zh. Shadanova, T.S. Tilep
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引用次数: 0

摘要

本文对哈萨克斯坦和国外一些发达国家,特别是德国、法国、英国、美国对配偶和前配偶赡养费义务的法律规定进行了比较分析。在对哈萨克斯坦共和国和外国立法进行研究和分析的基础上,对当前夫妻和前配偶在婚姻期间和婚姻解除后的物质赡养问题进行了思考。分析了盎格鲁-撒克逊法系和大陆法系国家对配偶赡养费义务立法规制的特点。重点论述了赡养费数额的确定、赡养费支付的期限和程序以及赡养费义务终止的理由等问题。这项研究的目的是对哈萨克斯坦共和国和世界上一些国家对配偶和前配偶赡养费义务的法律规定进行比较法律分析,并在研究的基础上查明法律规定的缺点,确定进一步改进国内立法的方法。在对解决配偶与前配偶物质赡养纠纷的立法和执法实践进行研究的基础上,作者提出了完善哈萨克斯坦共和国家庭立法的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Alimony obligations of spouses and ex-spouses: comparative legal analysis of the legislation of Kazakhstan and some foreign countries
The article is devoted to the comparative legal analysis of the legal regulation of alimony obligations of spouses and ex-spouses in Kazakhstan and in some developed foreign countries, in particular in Germany, France, the UK, the USA. Based on the research and analysis of the legislation of the Republic of Kazakhstan and foreign countries, the current problems of the material maintenance of spouses and former spouses both during marriage and after the dissolution of marriage are considered. The features of the legislative regulation of alimony obligations of spouses in the countries included in the Anglo-Saxon and continental legal systems are analyzed. Attention is focused on the problems of determining the amount of alimony, the term and pro- cedure for the payment of alimony, as well as the grounds for termination of the alimony obligation. The pur- pose of the study is to conduct a comparative legal analysis of the legal regulation of alimony obligations of spouses and former spouses in the Republic of Kazakhstan and in some countries of the world and on the ba- sis of the study to identify shortcomings of legal regulation, to determine further ways to improve domestic legislation. Based on the study of legislation and law enforcement practice on the settlement of disputes on material maintenance between spouses and former spouses, the authors make proposals aimed at improving the family legislation of the Republic of Kazakhstan.
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