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Lecture 7

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Lecture 7

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  1. Tashkent Мedical Academy The Department of Social Sciences №1 Lecture 7 Fundamentals of Family Law

  2. Plan:1. Family Law of the Republic of Uzbekistan. 2. Marriage. The registration and the conditions of marriage and its dissolution.3. The rights and duties of parents and children. 4. Adoption (adoption) children. Guardianship.

  3. Family law is a set of rules governing the personal property and the associated property relations of citizens arising from marriage, kinship, adoption, guardianship of minors, as well as the adoption of children in foster care.

  4. The subject of family law are family law, which, as a rule, have a continuing character, and that clearly defined subject composition: spouses, children, parents, other relatives, foster parents, guardians, those who took the child in foster care.

  5. The objectives are to strengthen the family law family, build family relations on mutual love, trust and mutual respect, cooperation, and mutual responsibility to all family members, the inadmissibility of arbitrary interference in family matters, to ensure the smooth implementation of the family members of their rights and their protection.

  6. Family law aimed at strengthening the family, build family relations on mutual love, trust and mutual respect, community, and mutual responsibility to all family members. Family law is not allowed arbitrary interference in family matters, provided unimpeded access by family members of their rights and their protection.

  7. All citizens have equal rights in family relations. Not allowed any sort of direct or indirect restriction of rights, the establishment of direct or indirect benefits to marriage and interference in family relations based on gender, race, ethnicity, language, religion, social origin, beliefs, personal and social status and other circumstances. Citizens' rights in family relations can be restricted only by law and only to the extent that it is necessary for the protection of morality, honor, dignity, health, rights and lawful interests of other family members and other citizens. Article 3 of the Family Code of the Republic of Uzbekistan

  8. Under family relations should be understood regulated by family law in Uzbekistan and the international norms of social relations that arise between spouses, parents, children and other family members about the use of their property and personal non-property rights appearing on the occurrence among them in accordance with current legislation, interests and responsibilities.

  9. subject (spouses, parents, children, guardians, trustees and other relatives, as well as legal persons)

  10. Marriage - a fair, free, voluntary union of a man and a woman is registered in government civil registry (Registry Office), whose goal is to create a family.

  11. Registration of marriage - it is not just a formality: state registration of marriage - legal fact. It is a registered marriage is legal, and it generates only marital rights and obligations of marriage without registration no. A match made in a religious ceremony does not replace marriage, because it creates the legal relationship established by law for the spouses.

  12. Is not allowed to marry: • 1) between persons of whom at least one is already in another marriage. It is understood only by marriage, registered with the registrar • 2) between persons of whom at least one unfit to plead due to mental disorder. 3) between relatives in the direct ascending and descending order (parents and children), full and half (having the same father or mother) siblings, adoptive parents and adopted children.

  13. For marriage is also a necessary condition for the attainment of marriageable age - 18 years. • Khokimiyat district marriage age may be lowered, but not more than one year. In this regard, we call attention to the fact that the couple is not considered to be completely capable of 18 years, from the time of the marriage.

  14. Results of the survey people getting married, are medical secrecy and can be communicated to the person to whom it is going to get married with the consent of the person that has passed inspection. If one of the persons who are married, concealed the presence of another person with venereal disease or human immunodeficiency virus (HIV), the latter may apply to the court for annulment. Article 17 of the Family Code of the Republic of Uzbekistan

  15. Since the registration of marriage in the Civil Registry person to marry, become spouses and since that time arise between them rights and responsibilities of spouses.

  16. Equality of spouses in the family The right to choose a spouse names Individual rights and responsibilities of spouses Decision spouses parenting issues and family life Rights of spouses to choose occupation, profession and place of residence

  17. According to the law the marriage contract is an agreement of the persons entering into a marriage, spouses or agreement defining property rights and responsibilities of spouses in a marriage, and (or) in the case of divorce. • Individual rights and responsibilities of spouses covered by a contract (marriage) can not be. For example, you can not fix in the contract the obligation to love one another, etc.

  18. Prenuptial agreement (contract) between the spouses may be concluded only after the registration of marriage in the registry office, and only between the spouses (prenuptial agreement signed before marriage, comes into effect only from the date of registration of the marriage), and at any time during the marriage . • The contract shall be in writing and must be notarized.

  19. The marriage is dissolved, if the court determines that further joint life of the spouses and family preservation became impossible. • The marriage may be terminated by dissolution at the request of one or both spouses, as well as application of the guardian's wife unfit to plead. • The husband has no right without the consent of the wife to initiate divorce proceedings at the time of his wife's pregnancy and for a year after birth.

  20. In reaching a decision on divorce court must determine the amount of state fees to be paid by one or both spouses in issuing them a copy of the decision to divorce. If the court finds it necessary to collect this fee from both spouses, specifies the amount of the fee to be paid by each of them. (Calculation of the state duty is governed by the Republic of Uzbekistan "On State Duty" N 740-XII from 09.12.92 city, to KM RUN 533 of 03.11.94, the "Rates of state duties").

  21. if a person enters into a marriage has not reached the age of consent with fictitious marriage

  22. The right of the child to live and grow up in a family The child's right to communicate with parents and other relatives For personal non-property rights of minors are The child's right to protection The child's right to express their opinions The child's right to a name, middle name and surname The change of name of the child

  23. Child - a person under the age of 18 (age) has not only personal (moral), but also property rights, ownership of the income it receives, the property received as a gift or inheritance, the right to receive support from their parents but he has no right to the property of parents, and they, in turn, have no right to the property of the child.

  24. Parents are not only equal rights, but equal responsibilities for the upbringing of children, they should support them, take care of their physical, mental and moral development, to prepare them for independent living. Parental rights should be directed at the child. The child has the right to protect their rights and interests.

  25. Parents (one of them) may be deprived of their parental rights if they: - Neglect their duties, including the refusal to pay alimony - refuse without good reason to take your baby home from the hospital (department) or from other medical facilities, educational institutions, social welfare or other similar institutions;   - Abuse their parental rights, abuse or neglect of children, including the exercise of physical or mental violence against them; - Are chronic alcoholics or drug addicts; - Committed an intentional crime against the life or health of their children, or against the life or health of the spouse.

  26. Property rights and duties of parents and children is that parents have to support their minor children as well as adults in the case of disability and need. During the life of the parents have no right to own their property. Parents also have the right to be owners of the property of minors.

  27. Able-bodied adult children, in turn, must support disabled parents in need of assistance. •   If children will avoid this debt, the parents have the right to court to collect from children money for their content. Alimony paid by the court as a fixed amount. The law provides for indexation of child support.

  28. Adoption (adoption) - this is a legal act, whereby between adoptive parents and adopted children are set the same legal relationship as between biological parents and children. Adopted children and their offspring in relation to the adoptive parents and their relatives, and adoptive parents and their relatives to the adopted person and their offspring are equal in personal and property rights and obligations to relatives by birth

  29. Can not be foster parents: - Minor citizens; - Persons deprived of their parental rights or restricted parental rights; - Persons deemed by the court as incapable or partially capable; - Registered at psychiatric or substance abuse treatment facilities; - Former foster parents, in case of cancellation of the adoption on the grounds specified in Part 1. Art. 151 of the Family Code of the Republic of Uzbekistan; - Previously convicted of an intentional crime.

  30. Adoption is null and void if: adoption was executed on false documents; - The adoption was a sham; - An adult adoptions; - Adoptive parent is a person who does not have the right to be an adoptive parent, in accordance with Article 152 of this Code.

  31. Adoption is subject to cancellation if the adoptive parents: - Shy away from their responsibilities or fail to do so properly; - Abuse of parental rights;   - Brutalized adopted children; - Are chronic alcoholics or drug addicts.

  32. As for the protection of personal and property rights and interests of minor children without parental care are established guardianship. • Custody of the children is set to 14. • Guardianship is established over minors from 14 to 18 years.

  33. Can not be the guardians and trustees: - Minor citizens; - Adults, but incapacitated citizens; - Citizens, previously deprived of parental rights or restricted parental rights; - Previously convicted of an intentional crime.

  34. Trustee and the trustee must: notify the agency concerned about the change of residence; bring up a child in the care or custody, care about its contents, health, physical, mental, spiritual and moral development, and to protect the rights and legitimate interests; live together with their minor wards.

  35. Guardian and Trustee may: to determine ways of educating a child in the care or custody, including the child's views and recommendations of the guardianship;   to demand in court the return of the child under guardianship or custody, of any persons holding at a child without legal grounds, including the relatives of the child.

  36. Marking shall be terminated: the death of the ward or guardian;   of minors;   when they reach the age of fourteen, or in the case of their return to education to parents;   of persons recognized under the law incapable;   in the case of restoration of their capacity by the court.

  37. Guardianship shall cease: - The death of the ward or guardian;   - Achievements wards of age;   - The return of the parents of the ward; - Entering the ward in marriage; - The emancipation of a minor; - Cancellation of the decision of the court to limit capacity of the citizen; - Improving the health of the adult ward, so that he may exercise his rights and obligations.