Lessons 6 · 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
6
The contractual regime of spouses’ property
Textbook: pp. 27–33
GoalDistinguish the content and form of a marriage contract, the grounds on which a marriage ends and the court and registry-office procedures for divorce.
New words
a marriage contract setting the spouses’ property regime · Nikoh shartnomasitermination of a marriage · Nikohni tugatishdivorce · Nikohdan ajratishdeclaring a marriage invalid · Haqiqiy emas deb topish
Explanation
A marriage contract is an agreement fixing the property rights and duties of those entering marriage or of spouses, both during the marriage and after it ends. It is made in writing, certified by a notary and concluded only in person, not through a representative. It may set rules on sharing family expenses, taking part in each other’s income and which property each receives on divorce, but terms that restrict a spouse’s rights or contradict the law are invalid. A marriage ends by the death of a spouse, by a court declaring a spouse dead, or by divorce. Divorce takes place in two ways: at the civil registry office (after the waiting period set by law) when the spouses have no minor children and both agree, or when one spouse is missing, declared incapacitated because of mental illness or sentenced to long imprisonment; in court when there is a dispute over property or children or one side does not agree, and the court dissolves the marriage only if it finds that the family cannot be preserved.
Worked examples
Contract terms: in their marriage contract Laylo and Akmal wrote that family expenses are shared in proportion to income and that each keeps property acquired before the marriage on divorce. Such terms are lawful since they do not restrict either party’s rights.
Ways of divorce: a couple without minor children who both agree applies to the registry office; a couple with a child that cannot agree on property goes to court, which examines whether dissolution is necessary.
Class activity
Debate: “Is a marriage contract a sign of mistrust or a tool of clarity?” Two groups present arguments, then the class draws a general conclusion from the legal point of view.
Practice
1
In what form is a marriage contract made and who certifies it?
In writing, certified by a notary.
2
Why can a marriage contract not be concluded through a representative?
Because it is highly personal and needs the parties’ own consent and conscious will.
3
On what grounds does a marriage end? Name two.
The death of a spouse (or a court declaring a spouse dead) and divorce.
4
In which cases is divorce heard in court and why?
When there is a dispute about a child or property or one side does not consent; the court examines the parties’ and children’s interests fairly.