WAYS TO RETURN GIFTS TO EACH OTHER AT THE DISSOLUTION OF MARRIAGE BY FORMER SPOUSES (BASED ON A COURT DECISION)
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_110Keywords:
spouses, property, illegal possession of property, vindication suitAbstract
The reason for writing this article is that at present, a man and a woman at the conclusion of marriage, or without the legalization of marriage, according to custom, in relation to the donation of kalym, kudalyk and so on, that is, in the case of divorce, the spouses who entered into this marriage, without mutual settlement of the dispute write a statement of claim to the court..... How much can these mosses be disputed about this? Is there an agreement between the parties to transfer these customs to each other (male and female parties)? Should the spouses, in the event of such a question, necessarily legalize their marriage? Is it possible to recognize this contract as a donation contract and in what form is it carried out? In what cases can the donee cancel the property transferred to the donee? Does a man have the right not to give what he brought behind a woman's back? Or to what extent does a woman have the right to detain property that came for her with the motive that a man arranged a wedding? Is the retention of this property by a man illegal possession of property? Can a man and a woman demand from a citizen the return of gifts that they give to each other's parents or relatives, namely property related to a gold set and so on? Can illegally acquired property be challenged by the owner? Is it possible to consider these issues with a vindication requirement? In relation to such disputes, can the plaintiff claim compensation for moral damage? What will be the amount of moral damage? What problems may arise when returning a gift without its legal registration on the basis of customs occurring in society, and so on. Within the framework of this question, we will focus on how the resolution of issues in judicial practice is regulated and how the analysis of events from judicial practice correlates with the law.