of July 20, 2011 No. 06
About practice of application by courts of the legislation on cases on annulment of marriage
Practice of application by courts of the legislation by hearing of cases on annulment of marriage shows that courts generally correctly resolve the disputes following from family legal relationship. At the same time, by hearing of cases of this category in court practice there are questions connected using the regulations of the legislation regulating the scrap termination, recognition its invalid and also the property relations of spouses in the conditions of liberalization of economy.
For the purpose of ensuring the correct and uniform application by courts of the legislation by hearing of cases on annulment of marriage, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that guaranteeing by article 76 of the Constitution of the Republic of Uzbekistan of the fact that the family is the main cell of society and is under protection of society and state, scrap is based on the traditional family values of the people of Uzbekistan, free consent and equality marrying the state creates social, economic, legal and other conditions for full development of family, confers on courts the heavy responsibility by hearing of cases, following from the matrimonial relations.
Courts, proceeding from the tasks following from the family legislation shall take all measures provided by the law to strengthening of family, protection of the rights and the interests of spouses and their children protected by the law.Draw the attention of judges to need according to each action for declaration which arrived in court about annulment of marriage of holding by the judge of conversation with the parties in the form of mediation. In case of this judge follows, without discussing circumstance of specific case, to explain negative termination effects of scrap, in particular, impact on education of children, material and legal circumstances, to take measures for conciliation of spouses.
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