Legal issues and problems of spouses non-property rights and duties regulation

ENThe relevance of the study: the priority of ensuring family rights has long been separated into an individual institute with civil law attributes. Although the regulation of family relationships is also separated in a individual book, but these relations are also considered as civil relations, which include both legal and illegal relations.The problem of the research most of the legal relations regulated by the law are more dedicated to regulate family property relations, leaving non-property personal out-of-bounds. Although most scholars and lawyers unanimously agree that the state should not interfere in the non-property personal family relationship at all, it is noticed that most of the spouses, as the basis of the family, arising from the legal relationship are non-property personal relations related to property relations. The object of the research- personal non-property relations of spouses and their legal regulation.The aim of the research is to analyze the legal regulation of personal non-property spouses relationships in court practice. Personal rights and duties of the spouses are marked by rights and duties related to the personal interests of the spouses, which are especially informal, therefore it is difficult to legally define and settle them. The basic principles of non-property relations between spouses are: equal rights of the spouses, loyalty, equal rights and responsibilities for children. The essential difference between property and non-property rights and duties of the spouses is that the exercise of non-property duties depends on the conscience and moral standards of each of the spouses, because it is impossible to enforce this duty performing.Methods - analysis and synthesis, abstraction, logical and historical, comparative analysis.Results. The personal rights and duties of the spouses named the rights and duties which are relating to the personal interests of the spouses. ‘The spouses can not refuse the rights or cancel the duties which by law arise as a consequence of the marriage. Personal non-property relations are related to the formation, dissolution, invalidation of marriages, establishment of the child's origin, spouses names, children's education, adoption, etc. The name of these legal relations means that this type of legal relationship is not related or their regulation does not give priority to material values (property). The object of personal non-property relationships is a particular inborn or acquired feature inseparable from a person. The opposite to property rights, the person with a personal non-property right can not transfer it to other persons or objectively evaluate a particular material expression. Conclusion. Legal regulation of marital relations in the Republic of Lithuania is based on the principles of monogamy, marriage volunteering, equal rights of spouses, priority protection and defense of children's rights and interests, raising children in the family, the principles of universal protection of motherhood and other principles of legal regulation of civil relations.The essential difference between property and non-property rights and duties of the spouses is that the exercise of non-property duties depends on the conscience and moral standards of each of the spouses, because it is impossible to enforce this duty performing. However, failure to fulfill the non-property duties of a spouse has an effect on the spouses when they decide to make a termination of marriage - if one of the spouses (or both) has not performed non-property duties, this may be the reason for the basis of the divorce. Key words: family, spouses, non-property rights, legal regulation.