Family law: the family as the basic unit of society
Lessons 2 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
2
The family as the basic unit of society
Textbook: pp. 8–13
GoalLearn the sources of law that regulate family relations, the subject matter and subjects of family law, and the principle of equality within the family.
New words
the Family Code, the main law on family relations · Oila kodeksia family-law relationship regulated by legal norms · Oilaviy huquqiy munosabatmaintenance payments owed to a family member · Alimentpersonal non-property relations such as upbringing or choice of surname · Shaxsiy nomulkiy munosabatlar
Explanation
The main sources of family law are the Constitution and the Family Code (adopted in 1998 and amended since). The Constitution recognises the family as the basic unit of society, places motherhood and childhood under state protection, obliges parents to raise and support children until adulthood and obliges children to care for their parents. Family law regulates two kinds of relations: personal non-property (choice of surname, upbringing of children, choice of occupation and residence) and property (common property, maintenance). The subjects of family relations are spouses, parents and children, guardians and trustees, relatives and, in some cases, the relevant bodies. Although family law looks similar to civil law, its centre is personal relations rather than money. Everyone in the family is equal: discrimination on grounds of sex, nationality, language, religion or social origin is not allowed, and rights may be limited only as far as necessary to protect the rights and interests of others.
Worked examples
Subjects of family law: Aziza and Doniyor are spouses, their son Samandar is a minor and his grandmother Sanobar is unable to work. All are subjects of family-law relations, each with rights and duties.
A personal non-property relation: the spouses decide together at which school the child studies and what values the child is raised with. This is not a money matter, so it is a typical personal relation of family law.
Class activity
In groups of four, make a table of the rights and duties of family members (parents, child, grandparents) on the theme “The family as the pillar of society” and present it to the class.
Practice
1
What two kinds of relations does family law regulate? Give one example of each.
Personal non-property (e.g. choosing a surname) and property (e.g. dividing common property or paying maintenance).
2
Explain what mainly distinguishes family law from civil law.
Civil law mainly regulates property relations, whereas family law primarily regulates personal relations.
3
Which of these can be a subject of family relations: a guardian, a parent, a neighbour, an adopted child?
A guardian, a parent and an adopted child; a neighbour cannot.
4
Why is equality in the family especially important for children and members unable to work? Justify your view.
Because they cannot defend themselves well; the law gives priority to protecting their interests, so equal treatment and non-discrimination secure their full rights.