Implementation and protection of personal non-property rights of spouses

Abstract

The procedure for exercising the personal non-property rights of spouses, with rare exceptions, is practically not disclosed in the current family legislation. In most cases, it is not determined how the joint resolution of many issues related to family life is ensured, an exception in this area being the possibility of reaching an agreement on issues of communication with the child, determining his place of residence, which to a greater extent concerns determining the content of the personal non-property rights of parents and children, and not spouses. In agreements with non-property maintenance concluded between spouses, it would be possible to determine the procedure for exercising their personal non-property rights. In order to ensure a balance of interests and prevent excessive restriction of the personal sphere of each of the spouses, it would probably be possible to provide for the possibility of an unmotivated unilateral refusal of such an agreement (in this case, an expressed refusal would require the other spouse to accept it, and it would be necessary to notify him/her of the refusal of the previously reached agreement). In case of violation of the terms of the concluded agreement, liability measures may be applied, including civil law measures (for example, compensation for moral damage).