Influence of Legal Traditions and Legal Culture on the Institution of Marriage Contracts and the Possibility of its Improvement: The Experience of Kazakhstan

Togzhan Bakhtybaevna Zhunussova

Academic Journal of Interdisciplinary Studies, 2022, vol. 11

Abstract: Since the Republic of Kazakhstan gained independence, it developed market relations and established private property as the leading type of ownership. Such fundamental changes required corresponding changes in the system of law, including family law. However, such reforms often depend on the mindset, legal culture, and legal traditions that have developed in society. In Kazakhstan, the practice of concluding marriage contracts (which govern property relations between spouses) has not developed or been seriously limited. Thus, this sphere needs to be considered for further improvement. The study aims at determining the social and legal factors affecting the regulation of marital relations through the conclusion of marriage contracts in Kazakhstan. Based on an expert survey, the authors of the article have revealed both positive and negative aspects of concluding a marriage contract and considered the main reasons for a small number of such contracts concluded between citizens of Kazakhstan. There a marriage contract is a special extrajudicial way of settling property relations between spouses that may arise in the future, a means of protecting their property rights and exercising property obligations. However, this method of regulation and protection is resorted to families with a high-income level and great life experience and often in special life situations.

Date: 2022
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://www.richtmann.org/journal/index.php/ajis/article/view/13043 (text/html)
https://www.richtmann.org/journal/index.php/ajis/article/view/13043/12635 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bjz:ajisjr:2285

DOI: 10.36941/ajis-2022-0124

Access Statistics for this article

More articles in Academic Journal of Interdisciplinary Studies from Richtmann Publishing Ltd
Bibliographic data for series maintained by Richtmann Publishing Ltd ().