Tagaeva S.N. Collisional-Legal Regulation of Family Liability

Abstract: Article is dedicated to the collision problems of the family-legal responsibility. The analysis of existing international agreements in that area and the national legislation of the Republic of Tajikistan are given. The article describes the main provisions of the international conventions governing the issues of family – legal responsibility. Special attention is given to the provisions of Kishinev Convention on Legal Assistance and Legal Relations of 2002 and compliance of the provisions of the Family Code of the Republic of Tajikistan with it. The viewpoint that "defective relations" are the consequence of non-compliance with the mandatory principles of domestic law by the participants of family relations is expressed. For the preparation of the article mainly comparative legal method of research was used. Furthermore, the method of synthesis, deduction and induction as well. The attention to the legal regulation of family -legal liability was drawn for the first time. The opinion on the possibility of use of the term “cross-border family law liability” was suggested. A comprehensive comparative study of the forming legal framework on the responsibilities of family members is made. The view that the possibility of use of the term "defective relations" as penalties for failure to comply with the national law by member of family relationship is expressed.

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