Family code of the republic of uzbekistan


Chapter 4. Personal rights and obligations of spouses


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Chapter 4. Personal rights and obligations of spouses

Article 18. Emergence of the rights and obligations of spouses

From the moment of registration of scrap in bodies of civil registration of person, got married, become spouses and from now on between them there are rights and obligations of spouses.
Article 19. Equality of spouses in family

Spouses have the equal rights in family and perform equal duties.
Article 20. Option spouses of surname

In case of marriage of the spouse voluntarily choose surname of one of spouses as their general surname or each of spouses keeps the premarital surname.
Change of surname by one of spouses does not involve change of surname of other spouse.
Article 21. Decision spouses of questions of education of children and lives of family

Questions of education of children and other issues of life of family are resolved by spouses jointly.
Article 22. Rights of spouses to the choice of occupations, professions and residences

Each of spouses is free in the choice of occupation, profession, the place of stay and residence.

Chapter 5. Property rights and obligations of spouses

Article 23. Common joint property of spouses

The property acquired by spouses during scrap, and also acquired before registration of scrap for general means of future spouses is their common joint property if the law or the marriage agreement do not provide other.
The income of each of spouses from labor activity, business activity and results of intellectual activities received by them pensions, benefits and also other money payments which do not have special purpose (the amount of financial support, the amount paid in compensation of damage in connection with disability owing to mutilation or other damage of health and others) belong to the property acquired by spouses during scrap (common property of spouses). Common property of spouses are the movable and immovable things which are also acquired by total income of spouses, securities, shares, deposits, equity interests contributed in credit institutes or in other commercial organizations, and any other property acquired by spouses during marriage irrespective of addressed to which of spouses it is acquired or addressed to whom or which of spouses deposits money.
Spouses have the equal rights to common property and if one of them was busy with housekeeping, care of children or on other reasonable excuses had no independent earnings and other income.
The rights of spouses to own, use and dispose of the property which is joint property of members of farmer and Dehkan farms are determined by the laws on farmer and Dehkan farms. The Section of property of farmer and Dehkan economy is made by the rules provided by Articles 223 and 225 of the Civil code of the Republic of Uzbekistan.
Article 24. Ownership, use and order of common property of spouses

Spouses have the equal rights of ownership, use and order of the property which is their common joint property.
When making by one of spouses of the transaction on the order the common property of spouses supposes that he acts with the consent of other spouse.
The transaction made by one of spouses according to the order common property of spouses can be acknowledged as court invalid based on lack of consent of other spouse only according to its requirement and only in cases if it is proved that other party in the transaction knew or obviously shall know about disagreement of other spouse on making of this transaction.
For making by one of spouses of the transaction on the order by the common real estate which is drawn up on his name it is necessary to receive notarially certified consent of other spouse. Spouses, whose notarially certified consent to making of the specified transaction was not received, have the right to require recognition of the transaction invalid judicially within year from the date of when he learned or shall learn about making of this transaction.
Article 25. Property of each of spouses

The property belonging to each of spouses before marriage, and also received by one of them during scrap as a present according to the procedure of inheritance or according to other non-paid transactions, is its property.
The property of each of spouses can be recognized as their joint property if it is determined that during marriage due to common property of spouses or property of each of spouses or work of one of spouses the investments considerably increasing the cost of this property were made (capital repairs, reconstruction, re-equipment and others).
Article 26. Things of individual use of spouses

Things of individual use (clothes, footwear and so forth), except for jewelry and other luxury goods, though acquired during scrap at the expense of general means of spouses, are private property of that spouse who used them.
Article 27. Section of common property of spouses

The Section of common property of spouses can be made both during marriage, and after its termination upon the demand of any of spouses, and also in case of the statement the creditor of the requirement about the Section of common property of spouses for the address of collection on share of one of spouses in common property of spouses.
The common property of spouses can be divided between spouses under their agreement. At the request of spouses their agreement on the Section of common property can be notarially certified.
In case of dispute the Section of common property of spouses, and also determination of shares of spouses in this property are made judicially.

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