The concept and legal nature of personal non-property rights of the wife in the doctrine of family law

Abstract

In the scientific article, the author conducted a scientific study of the concept and legal nature of personal non-property rights of spouses. On the basis of the conducted research, the author came to the conclusion that the personal non-property rights of spouses in the family law doctrine are considered as: subjective family rights, as those opportunities, those powers that are defined by family legislation or other sources of family law, arise in connection with state registration of marriage and can be exercised by the spouses or one of them as the bearer of these rights; how relations regarding personal non- property goods and interests of married persons are regulated by the norms of family law; complex – as subjective family rights and as legal relations that arise in connection with the realization of these rights; in the civil legal context, as a manifestation of personal non-property rights of spouses. The article also concluded that the characteristics of personal non-property rights of spouses as family rights are that they arise from the fact of involvement in family relations, as well as determination by family law or other sources of family law. Special features of personal non-property rights precisely as the rights of spouses are their intangible, long-term nature, their existence as long as a woman or a man has the legal status of a spouse, that is, during the existence of a marriage; inalienability; the basis for their occurrence is the state registration of marriage, termination - its termination; the fact of joint or separate residence, as well as the fact that the spouses establish a regime of separate residence of the spouses, do not cause a change or termination of the specified rights, but may lead to changes in the procedure for exercising these rights by one of the spouses; their carriers are only spouses; the exercise of these rights is possible subject to agreement with the other spouse and taking into account the interests of the family as a whole; connection with customs, traditions, moral norms; their inexhaustibility by those rights defined in family legislation; the rights of one spouse correspond to the obligation of the other to refrain from violating them (they are relative in nature).