Basic principles of family law in Armenia
- In the Republic of Armenia, family, motherhood, fatherhood, and childhood are patronized and protected by society and the state.
The state guarantees the priority protection of the rights of children.
The inadmissibility of arbitrary interference in family affairs, the priority of raising children in the family, ensuring the unhindered exercise of their rights by family members, and opportunities for judicial protection of these rights are all based on the need to strengthen the family, build family relations on mutual love and respect, mutual assistance and responsibility of all family members, the inadmissibility of arbitrary interference in family affairs, the priority of raising children in the family, the inadmissibility of arbitrary interference in family affairs
- Only a marriage registered with the civil registration authorities is recognized.
- Women and men shall have equal rights when entering into marriage, while married, and when the marriage is dissolved.
- The principles of voluntary marriage between a man and a woman, equality of rights of spouses in the family, resolving family issues by mutual agreement, caring for their well-being, and ensuring priority protection of the rights and interests of minors and disabled family members guide the legal regulation of family relations.
- Any restrictions on citizens’ rights when it comes to marriage and family relationships based on their social, racial, national, linguistic, or religious affiliation are forbidden.
- Citizens’ rights to marry and have children may be limited only by law, and only to the extent that such limitations are required to protect the honor and good reputation of individuals, as well as the health, freedom, rights, and legitimate interests of other family members and citizens.
Relationships regulated by family law
Family law establishes the conditions and procedure for entering into a marriage, terminating a marriage, and recognizing it as invalid, as well as regulating personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and other relatives and other persons in cases and within the limits provided for by family law, and determining the forms and procedure for placing children left without parens.
Family law in Armenia is governed by legislation enacted by the Republic of Armenia.
- Family relations in the Republic of Armenia are regulated by the Constitution of the Republic of Armenia, this Code, the Civil Code of the Republic of Armenia, other laws, international treaties of the Republic of Armenia, as well as other legal acts of the Republic of Armenia.
- If an international treaty signed by the Republic of Armenia creates different rules than those set down in family law, the international treaty’s rules will apply.
Civil law’s application to family relationships
Insofar as it does not contradict the essence of family relations, civil law applies to property and personal non-property interactions between family members, as defined by Article 2 of this Code and not controlled by family law.
Application of family law and civil law to family relations by analogy
If relations between family members are not governed by family law or by the parties’ agreement, and there are no civil law rules directly governing these relations, such relations are subject to the rules of family and (or) civil law governing similar relations (if this does not contradict their essence) (analogy law). If it is impossible to apply the analogy of the law, the rights and obligations of family members are determined on the basis of the principles of family or civil law (analogy of law).
Civil law’s family family law