Article 5. Application of the civil legislation of the Republic of Kazakhstan to marital and family relations of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

Home / RLA / Article 5. Application of the civil legislation of the Republic of Kazakhstan to marital and family relations of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

1. The civil legislation of the Republic of Kazakhstan applies to the property and personal non-property relations between family members named in Article 3 of this Code, which are not regulated by the marriage and family legislation of the Republic of Kazakhstan, since this does not contradict the essence of marriage and family (matrimonial) relations.

2. In cases where the relations provided for in Article 3 of this Code are not directly regulated by the legislation of the Republic of Kazakhstan or the agreement of the parties and there are no customs applicable to them, the norms of marriage and family and (or) civil legislation of the Republic of Kazakhstan governing similar relations (analogy of the law) are applied to such relations, since this does not contradict their essence. If it is impossible to use the analogy of the law in these cases, the rights and obligations of subjects of marital and family relations are determined based on the general principles and meaning of marital and family or civil legislation of the Republic of Kazakhstan and the requirements of good faith, reasonableness and justice (analogy of law), as well as in compliance with the principles of the law in time, space and in a circle of people.

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