Сімейні обов’язки подружжя: поняття та особливості виконання

In the scientific article, the author conducted a scientific study of the legal nature of the family obligations of spouses and the peculiarities of their fulfillment in marital legal relations. On the basis of the conducted research, the author came to the conclusion that the family obligations of spouses include: the obligation of spouses to take care of their family, including joint care for the material support of their family, the obligation to provide and prevent violations family law of the other spouse, the husband’s duty to create conditions for the preservation of the health of the pregnant wife and the birth of a healthy child, the husband’s duty to create conditions for the wife-mother to combine motherhood with her exercise of other rights and duties, duties arising from the fact of owning certain property, including the joint property of the spouses, including the obligation to take into account the interests of the child, other family members, the obligation of the spouses to provide maintenance to the other spouse in the event of his/her incapacity, pregnancy, care for the child until he reaches the age of three (if the child has defects of physical or mental development - six years). The legal nature of the family obligation of the spouses provides that the latter: arises as a result of the conclusion of the marriage (property obligations may also arise during the stay of the spouses in the marital relationship through the conclusion of deeds, a family contract or the occurrence of reasons that indicate the need to provide maintenance to the other spouses), and ends with the termination of marriage (however, the property obligations of spouses can also be terminated for other reasons); the carrier is the spouse or one of the spouses, and the beneficiary is the other spouse; the content consists of actions of a legal and moral nature; implementation is carried out by taking active actions; is mutual, that is, each of the spouses is the bearer of the right to demand its fulfillment and at the same time - the bearer of the family obligation itself; closely related to the personality of the bearer; the specific method of performance can be determined both by the spouses themselves by mutual agreement (including through the conclusion of a family contract) and by family legislation (however, the family legislation does not define the procedure for the performance of family obligations of spouses, which are of a non-property nature); fulfillment can be ensured both by measures of legal and moral responsibility (separate personal non-property obligations of spouses cannot be ensured by legal means, however, their non-fulfillment can lead to the destruction of relations between spouses and become one of the reasons for divorce).