What are the personal non-property rights of spouses
In addition to the rights to property, which are established by marriage and family legislation or a marriage contract, spouses have personal non-property rights.
Personal non-property rights are rights closely related to the personality of a person, his freedoms and interests. Personal rights are granted to each person from the moment of birth and cannot be violated or infringed upon by third parties, as well as by a marriage contract. The personal non-property rights of spouses are intangible rights, i.e. rights not related to property.
What are the personal non-property rights of spouses
The personal non-property rights of spouses are enshrined in Art. 20-22 of the Code of the Republic of Belarus on marriage and family. These include:
– the right of spouses to choose a surname;
– the right of spouses to freedom of choice of occupation, profession and place of residence;
– the right to joint decision of family issues.
The personal non-property rights of spouses can also include rights in relation to children, for example, the right to determine the place of residence of the child, choose a name for the child and other rights related to the upbringing of children.
The right of spouses to choose a surname at marriage
When concluding a marriage, the spouse may choose a surname, leaving the premarital surname or changing it to the surname of the spouse. The spouse also has the right to choose a double surname, consisting of the premarital surname and the surname of his spouse (for example, Ivanova-Sidorov, Nikolsky-Sergeev, etc.).
The name change is noted on the marriage certificate. After marriage, it is necessary to change the passport, in which the new surname must be indicated.
The personal non-property right of spouses to choose a surname cannot be violated by third parties, i.e. none of the spouses should be under pressure from anyone to change their surname.
The legislation does not oblige the spouses to return to their former surname after the dissolution of the marriage. This is a personal decision of the citizen.
The right of spouses to freedom of choice of profession and place of residence
Spouses are free to choose their profession, occupation, hobby, and place of residence. This right is enshrined in Art. 22 of the Code of the Republic of Belarus on marriage and family.
The right to freely choose a profession should not be infringed upon by other spouses. For example, a condition in a marriage contract that the husband will work and the woman will exclusively do housework will be legally null and void.
In this example, the personal non-property rights of the wife are violated, therefore, the legislator prohibits including such a clause in the marriage contract.
Let’s consider another example. The wife insisted on adding a clause to the marriage contract that the spouse should work only as a builder in a private company, and also do housework. This condition violates the husband’s right to freely choose the type of activity, so it will be void.
Spouses are also free to choose their place of residence. They can live separately, while officially being in a marriage union. Neither spouse has the right to require the other spouse to reside at a particular place of residence against his will.
The right of spouses to joint decision-making
Art. 20-1 of the Code of the Republic of Belarus on Marriage and Family establishes that all family decisions must be made by spouses on the basis of mutual consent. The relationship of spouses in the family should be built on the basis of mutual assistance and mutual respect.
Each spouse has the right to education, professional and spiritual development, and the development of their talents and abilities. These personal rights must not be infringed by the other spouse and third parties.
Thus, the personal non-property rights of spouses must be fully realized in family life.
Legislative norms that enshrine the rights of spouses in the family also imply their obligation to respect each other’s freedom, not to use physical and psychological violence against each other, not to act through deceit and threats in resolving family issues.
The creation of a family, on the one hand, does not release the spouses from the obligations provided for by law, but, on the other hand, should not infringe on the rights and freedoms given to a person from the moment of birth.
