Issue 3 (17) 2012

Dzhandarbek THE BINDING MATRIMONIAL RELATIONS

THE BINDING MATRIMONIAL RELATIONS

B.A. Dzhandarbek

Kazakh National University named after Al-Farabi

71, Al -Farabi str., Almaty, 050040

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The development of matrimonial relations shows that the regulation of contractual relations in the family law directly tied to the civil law. The specificity of these relationships separates out at the same time.

Having said all that the Law of the Republic of Kazakhstan “On Marriage and Family” (thereafter, the Law) came into force on 26th December 2011, and the previous Law of Republic of Kazakhstan “On Marriage and Family expired on December 17, 1998.

The term «marriage» pays attention to that it has no meaning; even more it has no legal significance with respect to such act as the Code. Therefore, it is not clear why the legislator has used the term under consideration.

The Law was first divided into general and special parts. What was the need for this? What is the purpose of such parts? If the legislator had in mind the fact that within a regulatory act is necessary to show the separation to substantive and procedural norms, he (the legislator) has done it unsuccessful. Almost all of the above historical laws that governing marital relations, contained both material and procedural rules in the structure already, and this fact does not hinder their practical application and development in general. Separation of the law into general and special parts is not a new legal structure and it does not constitute a legal load.

Although the previous Law (December 17, 1998) was a voluminous and in sufficient detail governing the matrimonial relations statute (there were 7 sections, 29 chapters, 213 articles), adopted a new Code of the Republic of Kazakhstan “On Marriage and Family” has become more voluminous codified act (now it consists of 283 articles, more than 100 articles of which are new).

The new contracts such as contract of surrogate motherhood agreement, contract of transfer child to foster care, contract of the provision of medical services in the application of assisted reproductive methods and technologies came into existence in the Law, together with the current transaction as a contract of couples on their property, contract of spouses to provide mutual maintenance, contracts for the content of children.

In this article the author gives a description of agreements concluded by spouses, suggests their classification, trying to hold comprehensive analysis of contracts entered into by the spouses, as well as contracts that can be developed and put into legislation.

Keywords: transactions; contract; matrimonial relations; spouses; marriage; classification and property

Bibliograficheskij spisok

1. Antokol'skaja M.V. Semejnoe pravo: ucheb­nik. 2-e izd., pererab. i dop. M.: Jurist#,1999. 336 s.

2. Grazhdanskij kodeks Respubliki Kazahstan. Obwaja chast' ot 27 dek. 1994 g. // Almaty: Jurist, 2007.

3. Zhilinkova I.V. Brachnyj dogovor. Har'kov: Ksilon, 2005. 174 s.

4. O krest'janskom (fermerskom) hozjajstve: zakon Respubliki Kazahstan ot 31 marta 1998 g. №214-I // Almaty: Jurist, 2007.

5. Kodeks Respubliki Kazahstan o brake (supruzhestve) i sem'e ot 26 dek. 2011 g. // Almaty: Jurist, 2012.