Marriage as the main institution of Russian family law. Marriage as a social phenomenon
The basis of the legal regulation of the institution of marriage in modern Russia is the Family Code of the Russian Federation, adopted by the State Duma of the Russian Federation on December 8, 1995 and put into effect on March 1, 1996.
The family law has a special chapter 3 (Articles 10-15) Conditions and procedure for entering into marriage. Along with the RF IC, the norms of the Civil Code of the Russian Federation are applicable to these legal relations.
The rules for applying civil law to family relations are defined in Art. 4 of the RF IC, according to which civil law applies if:
- - family relations are not regulated by family law or by agreement of the parties;
- - the application of the norms of civil law does not contradict the essence of family relations.
The current Family Code of the Russian Federation does not contain a definition of marriage. It is given in the theory of family law.
The concept of marriage in domestic jurisprudence has long been a legal principle. The tradition of associating marriage with the observance of a certain procedure for its registration, characteristic of Russian law, is associated with the history of its development.
Initially, Russian jurisprudence is characterized by traditional Eastern Christian approaches to the understanding of marriage, where marriage is unambiguously interpreted as a duly formalized union of a man and a woman, the unity of the special social content of this union and its canonical form, the need to comply with which is prescribed by the state. Suffice it to mention the well-known definition of marriage by Professor G.F. Shershenevich. He wrote: "From a legal point of view, marriage is a union of a man and a woman for the purpose of cohabitation, based on mutual agreement and concluded in the prescribed form."
The adoption of the new Family Code of the Russian Federation, in principle, did not change, and basically could not change the traditional views on marriage as a phenomenon that is unified in its social essence and legal form - "the union of a man and a woman, entailing legal consequences."
However, the lack of a legal definition of marriage, despite the seemingly unambiguous interpretation of it, sometimes gives rise to problems in practice. In this connection, some researchers propose to supplement Art. 1 RF IC definition of marriage. “Editorial, it could look like this: “Marriage is recognized as the union of a man and a woman, aimed at creating a family and formalized in the prescribed manner” and further - “Marriage is concluded in the civil registry offices. The rights and obligations of spouses arise from the date of state registration of the marriage.
Currently, only registered marriages are recognized. Nevertheless, the number of unregistered (civil) marriages is currently significantly increasing.
According to the latest population census, more than six and a half million Russian citizens live in a civil marriage. That is, every tenth union is an unregistered union. Moreover, among those who are not yet thirty, this is not every tenth, but every sixth union.
There was a period in the history of Russian family law when actual marital relations gave rise to legal consequences similar to those of legal marriage. This was required by the situation that developed in society after the revolution.
Now the legislation operates with the concept of "actual marital relations" and this marriage does not give rise to legal consequences.
In recent decades, marriage in the sociological sense was considered in Russia mainly as “a union between male and female persons, through which relations between the sexes are regulated and the position of the child in society is determined”, or as “a historically determined, sanctioned and regulated by society form of relations between a woman and a man, establishing their relationship to each other and to children. In modern domestic encyclopedic literature, marriage, as a rule, is understood as a family union of a man and a woman (matrimony), which gives rise to their rights and obligations in relation to each other and to children. .
However, the UK lacks a definition of marriage as a specific legal fact and one of the main institutions of family law, which is quite natural, since a negative approach to the normative consolidation of the concept of marriage was typical for a long time for the previously existing family legislation in Russia, including the three previous marriage and family laws. code of the post-revolutionary period (1918, 1926 and 1969). As emphasized in modern legal literature, the lack of a legally established definition of marriage is due to the fact that marriage is a complex complex social phenomenon that is under the influence of not only legal, but also ethical, moral norms, as well as economic laws, which would cast doubt on the completeness of the definition. marriage only from a legal standpoint, especially since "the spiritual and physical elements of marriage, of course, cannot be regulated by law" . This position is not new and, on the whole, is consistent with the theoretical conclusions of well-known jurists A.M. Belyakova, N.V. Orlova, V.A. Ryasentsev and others that "the legal definition of marriage would inevitably be incomplete, since it could not cover the essential features of marriage that lie outside the law" .
In this regard, it seems appropriate to give an overview comparative analysis of various points of view on the concept of marriage that have existed in Russian family law in the current century. First of all, attention is drawn to the fact that this G.F. Shershenevich at the beginning of the century, the definition of marriage from a legal point of view as a union of a man and a woman for the purpose of cohabitation based on mutual agreement and concluded in the prescribed form, as a whole contained a set of basic conditions under which “cohabitation of persons of different sex acquires a legal character, then It entails all the consequences of a lawful marriage." It is no coincidence that the proposed G.F. Shershenevich, the concept of marriage was in many ways also decisive for the subsequent substantiation of points of view on marriage precisely as a voluntary union of a man and a woman (in various variations), although it was criticized in Soviet family law “for claims to a unified suitability for all times and peoples” and the absence of specific signs of a marriage union of a certain historical formation.
As you know, in Soviet legal science there was a steady tendency to justify marriage as a fundamentally new form of family union between a man and a woman in a socialist society, different from the forms of marriage used in foreign countries. Attempts were also made to consolidate the concept of marriage in the family legislation of the RSFSR, which, however, did not bring a positive result. Modern studies note that one of the main signs of marriage in post-revolutionary Russia was, first of all, the mutual inclination (love) of spouses, in connection with which, in the monographs of that period, marriage was understood as “a relationship of cohabitation based on the principles of love, friendship, cooperation” or "free cohabitation of two persons". In addition, based on the characteristics of the analyzed historical era, a mandatory element of marriage was also the presence of a common household with mutual material support of the spouses and the joint upbringing of children, which was actually enshrined in the Code of Laws on Marriage, Family and Guardianship of 1926 as a reflection of the view that existed at that time on the family as a kind of "labor association" of a man and a woman.
Subsequently, the concept of marriage in the science of Soviet family law underwent certain changes with the development of society, while maintaining, however, an understanding of its main essence in the form of a union of a man and a woman in order to create a family. It should be noted that the socio-political situation that existed at that time could not but affect the results of research on this issue. Therefore, the term “socialist marriage” was used quite often, formally emphasizing its supposedly fundamental difference from “bourgeois” marriage. At the same time, the fact was stated that in the legislation of foreign countries, marriage, as a rule, is considered not in the form of a free and equal union of a man and a woman, but as a civil law transaction. Therefore, for example, the definition of marriage given by the French jurist Julliot de la Morandière as a civil contract that unites a man and a woman to live together and provide mutual support and assistance under the guidance of a husband has been criticized. At the same time, most scientific works invariably emphasized that marriage cannot be a deal or an agreement, but is a legally formalized free and voluntary union of a man and a woman, aimed at creating a family, giving rise to mutual rights and obligations.
In the legal literature, for a long time, the point of view was also expressed that marriage, as a union of a man and a woman, aimed at creating a family, should in principle have a lifelong character. This position was based on the natural assumption that one of the main goals of the family should be the birth and upbringing of children. Moreover, such an approach to determining the goals of marriage and the creation of a family by a man and a woman was characteristic not only of Soviet family law, but was also reflected in the legislation of some foreign countries, which contains norms on marriage “for life”, although due to the significant prevalence divorce was more moral and ethical than imperative. The practical vulnerability of the thesis of marriage as a life-long marriage has also become apparent in connection with the prevalence of marriage in the form of partnership in recent decades in some countries. However, the principle of life-long marriage even in the days of “developed socialism” in the USSR was more desirable than actual, and now cannot be recognized as an obligatory sign of marriage based on the content of the NC. For similar reasons, the inclusion in the definition of marriage proposed earlier by some authors as a necessary sign of the goal in the form of the birth and upbringing of children, which is recognized in modern legal literature, would also be incorrect.
Thus, for obvious reasons, not all of the signs of marriage recognized in Soviet family law as a specific form of marriage of the “socialist formation” can be recognized as such in modern Russian family law, which is distinguished by a variety of views on marriage. Undoubtedly, this situation reflects not only a significant shift in emphasis in scientific research on family law towards a more free discussion of debatable issues, but also a significant strengthening of contractual principles in the new UK, including the improvement of the legal institution of a marriage contract, originally introduced in the Russian Federation by Art. 256 of the Civil Code (part one) from January 1, 1995. On this basis, completely new, non-traditional for domestic legal science views on marriage arise, fundamentally different from the points of view that previously existed in Soviet family law. For example, M.V. Antokolskaya, consistently exploring the legal theories of marriage as a contract, as a sacrament and as an institution of a special kind (sui generis), comes to the conclusion that “a marriage agreement by its legal nature does not differ from a civil contract. To the extent that it is governed by law and gives rise to legal consequences, it is a contract.” At the same time, marriage in the non-legal sphere can be regarded by those entering into marriage "as an oath before God, or as a moral obligation, or as a purely property transaction." However, M.V. Antokolskaya notes that the majority of legal scholars in the Russian Federation do not recognize the marriage agreement as a civil contract, since future spouses cannot determine for themselves the content of the marriage relationship due to the fact that their rights and obligations are established by the imperative norms of the law, which is not typical for contractual relationship. In addition, the purpose of marriage is not only the emergence of a marriage relationship, but also the creation of an alliance based on love, respect, mutual assistance, mutual support, etc.
On the other hand, in the theory of modern domestic family law, views on marriage as a free, voluntary and equal union of a man and a woman, based on feelings of mutual love and respect, concluded in the civil registry offices to create a family and give rise to mutual rights continue to prevail. and responsibilities of spouses. A similar definition is given in the scientific and monographic literature on family law with some adjustments. So, O.A. Khazova understands marriage as "a monogamous voluntary and equal union of a man and a woman, concluded in compliance with the procedure established by law and giving rise to mutual personal and property rights and obligations between the spouses." Approximately the same concept of marriage is given by other authors. A.M. Nechaeva, also giving the traditional concept of marriage as a union of a man and a woman, entailing legal consequences, at the same time, at the same time regards it as a form of relations between persons of different sexes and as a kind of symbol for those entering into marriage and for the state.
At the same time, as rightly pointed out by E.S. Hetman, in the legal literature there is no consensus on the legal nature of marriage as an agreement between spouses. At the same time, some authors consider marriage as a volitional purposeful act committed in order to give rise to legal consequences, and this shows the similarity of marriage with a civil transaction (this is the position of O.S. Ioffe), while others see it as an ordinary civil contract. The purpose of marriage, for example, O.S. Ioffe determined the desire of individuals to receive state recognition of the created union, the basis of which - mutual love and respect - is not included in its legal content. Once this foundation is undermined, the marriage can end at any time, which is not possible in civil law transactions. Therefore, the social content, goals and legal features of marriage exclude its assessment as one of the varieties of civil law transactions.
Diverse points of view on the legal nature of marriage exist not only in domestic family law, but also in the family law of foreign countries. In particular, E.A. Vasiliev singles out three main conceptual points of view on marriage from those existing abroad: marriage-agreement (the most common concept), marriage-status, marriage-partnership.
It is characteristic that, as in Russia, the constitutional legislation of most foreign countries establishes the need for state protection of marriage as the basis of the family. For example, the Constitution of Ireland states that "the state undertakes to protect with particular care the institution of marriage, on which the family is founded, and to protect it from attacks" . And in some states it was considered necessary to give a normative definition of marriage, moreover, in the constitution. Yes, Art. 46 of the Constitution of the Republic of Bulgaria 1991 declares that "marriage is a voluntary union of a man and a woman."
Thus, the foregoing makes it possible to give the following concept of marriage: “Marriage is the most important legal fact that causes the emergence of family legal ties, and is a free and voluntary union of a man and a woman, concluded in the prescribed manner in compliance with the requirements of the law, aimed at creating a family ". In each case, marriage is a specific legal relationship that gives rise to certain subjective rights and obligations of a personal and property nature for the spouses.
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§ 1.1 CONCEPT, LEGAL NATURE AND SOCIAL
PREREQUISITES FOR THE CONCLUSION AND DIVISION OF MARRIAGE.
PRINCIPLES OF THE LEGAL REGULATION OF THE CONCLUSION
AND DIVORCE OF MARRIAGE .............................................. ...............................................6
§ 1.2 FORMATION AND DEVELOPMENT OF LEGISLATION ON
MARRIAGE AND DISSOLUTION IN RUSSIA..................................................................11
CHAPTER 2. GROUNDS, PROCEDURE AND LEGAL
CONSEQUENCES OF MARRIAGE AND DIVORCE IN RUSSIA
§ 2.1 RULES AND PROCEDURE FOR MARRIAGE IN
COMPLIANCE WITH RUSSIAN REGULATIONS
LEGISLATION ............................................... ................................................. ..16
§ 2.2 DIVORCE IN THE SYSTEM OF TERMINATION GROUNDS
MARRIAGE. FEATURES OF DIVORCE OF MARRIAGE IN
ADMINISTRATIVE AND JUDICIAL ORDER .............................................................. ..twenty
§ 2.3 INSTITUTE FOR RECONCILIATION OF SPOUSES
LEGISLATION OF THE RUSSIAN FEDERATION ............................................... ...............................................23
§ 2.4 LEGAL CONSEQUENCES OF CONCLUSION AND TERMINATION
MARRIAGE .............................................. ................................................. ...............................26
CHAPTER 3. JUDICIAL PROTECTION OF RIGHTS AND INTERESTS OF MEMBERS
FAMILIES IN THE EVENT OF DIVORCE OF MARRIAGE IN THE RUSSIAN FEDERATION
§ 3.1 SUBSTANTIVE AND PROCEDURAL
GUARANTEES FOR PROTECTION OF RIGHTS AND INTERESTS OF MEMBERS
FAMILIES AT DIVORCE OF MARRIAGE.................................................................. .........................thirty
§ 3.2 GUARANTEES FOR THE PROTECTION OF RIGHTS AND INTERESTS
MINOR CHILDREN IN DIVORCE PROCEEDINGS .........35
CONCLUSION................................................. ................................................. ...............38
BIBLIOGRAPHY................................................ ...............................................40
Excerpt from work:
Some abstracts from the work on the topic Marriage as an institution of family law in Russia
INTRODUCTION
Relevance of the research topic. Marriage is the most efficient and comprehensive way to start a family. It is constantly changing with a progressive direction, despite the many statements about its crisis. Marriage is a special organization of people's life activity, which corresponds to the essence of human nature and society. Marriage is not only, and not so much a biosocial union of a man and a woman in order to realize the reproductive function, but also a rather complex mechanism of interaction and life of people, which is under the control of the state. Throughout the entire stage of the formation and historical development of society, marriage has been and remains not so much a form of satisfying a person’s need for children, and the basis for parenthood (it is possible to give birth to children and be parents without marriage), but a form of family connection between two people who have reached marriageable age, and generating mutual rights and obligations, which makes this form of coexistence an area in which the state has the right to intervene. Especially when it comes to the rights of minors and minors.
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CHAPTER 1. CONCLUSION AND TERMINATION OF MARRIAGE AS LEGAL PHENOMENA IN RUSSIA
§ 1.1 CONCEPT, LEGAL NATURE AND SOCIAL PREREQUISITES FOR CONCLUSION AND DISSOLUTION OF MARRIAGE. PRINCIPLES OF THE LEGAL REGULATION OF THE CONCLUSION AND DISSOLUTION OF MARRIAGE
The institution of marriage is central in the science of family law, but this circumstance did not affect the emergence of a definition of marriage. To date, there is no such definition. This phenomenon was studied by scientists in the works, as well as in separate articles.
The essence of marriage has been and is still being considered in three ways: as a sacrament, as a contract, and as an institution.
The first understanding of marriage is more of a religious nature than a civil one, in connection with which they define marriage as a sacrament or union, especially this understanding of marriage was widely used in the pre-revolutionary period. Within the framework of the canonical understanding, marriage is a close relationship, closer communication between husband and wife in terms of physical, religious, legal, economic, moral.
The content of the understanding of marriage as a specific institution is determined by the division of marriage, and the corresponding legal relations that follow from this, which have their own special character and nature, in contrast to the fact that produces it.
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Marriage is the cornerstone of family law. There is no definition of marriage in the Family Code of the Russian Federation. It follows from the general theory of family law. The list of legal requirements that must be observed when entering into a marriage, and the consequences of registering a marriage, makes it possible to define marriage as follows:
Marriage is a voluntary and equal union of a man and a woman, concluded in compliance with the procedure established by law and giving rise to mutual personal and property rights and obligations between the spouses.
State registration of marriage means that under Russian law, neither a marriage ceremony in a church, nor a marriage concluded according to local or national rites, is a marriage from a legal point of view and does not give rise to legal consequences. Registration of marriage in the church is a personal matter of those entering into marriage and can take place both before and at any time after registration of marriage, but not instead. However, in all cases, a marriage is legally considered to exist only after its official registration with the registry office. It is from the date of state registration of marriage that the spouses have a whole range of mutual rights and obligations, and a child born after state registration of marriage is considered born in marriage with all the ensuing consequences.
According to Art. 10 of the Family Code of the Russian Federation, marriage is concluded in the civil registry offices, which gives rise to the rights and obligations of spouses who have entered into marriage and family relations. The law regulates the conditions and procedure for entering into marriage.
Marriage conditions:
- the presence of a mutual voluntary desire of a man and a woman;
- they reach marriageable age.
Circumstances preventing marriage. Marriage between:
Persons, of which at least one person is already in another registered marriage;
Close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters);
Adoptive parents and adopted children;
Persons, at least one of which is recognized by the court as incompetent;
Persons of the same sex.
Marriage procedure:
Marriage is registered by submitting an application to the registry office at least one month before registration. In special cases (pregnancy, the birth of a child, an immediate threat to the life of one of the parties), marriage can be concluded on the day the application is submitted;
Refusal to register a marriage may be appealed in court. According to the law, a marriage can be dissolved at the request of one or both spouses, as well as at the request of the spouse's guardian, recognized as incompetent.
Termination of marriage is carried out as a result of the following legal facts:
- recognition of marriage as invalid;
- divorce;
- death of one of the spouses or declaration of one of the spouses dead.
Let's consider these circumstances in more detail.
1. Recognition of marriage as invalid. It is carried out only in court for the following reasons:
At least one of the conditions for concluding a marriage is missing;
There is at least one circumstance preventing marriage;
The conclusion of a fictitious marriage (without the intention to create a family);
If one of the persons who entered into marriage hid from another person the presence of a venereal disease or HIV infection.
Consequences of declaring a marriage invalid depends on whether the spouse is conscientious or not. conscientious a spouse is recognized who did not know and could not know about the existence of obstacles to marriage. Unscrupulous the spouse was aware of the obstacles to marriage.
In case of bad faith of both spouses (fictitious marriage), marriage does not give rise to family legal consequences, it is invalid from the moment of its registration (unlike divorce). A conscientious spouse leaves an invalid marriage with a full set of rights - if he wishes, he can keep his surname if he took it during registration (personal non-property right), property rights (property in relation to him is divided in accordance with the rules on common joint property, he can collect alimony, there is a short story - it can recover damages caused by marriage and moral damage - severe physical or moral suffering). An unscrupulous spouse does not receive any rights provided for by the UK. He loses his surname if he received it in marriage, the property acquired in marriage is divided in accordance with the norms of the Civil Code on common shared ownership, he is deprived of the right to alimony, even if he is disabled and in need.
Consequences of invalidity of marriage for a child. A child born in an invalid marriage has the same rights as a child born in a valid marriage. It is not required to establish paternity for the recovery of alimony, for inheritance - he becomes the heir automatically.
2. Divorce. Divorce.
The freedom to marry also allows for the freedom to divorce. Divorce is both a legal and a social phenomenon (the collapse of the institution of marriage).
The Law does not contain a formal list of circumstances that may serve as grounds for divorce. Our legislation does not list the reasons for divorce, since our state traditionally treats divorce as a statement of the breakup of a family, and not as a punishment for bad behavior.
The RF IC restricts the freedom of divorce in the following case: a husband does not have the right, without his wife's consent, to initiate a divorce case during the wife's pregnancy and within one year from the birth of a child.
As a general rule, the dissolution of a marriage is carried out in the bodies registry office except in cases of divorce judicial order.
1. Divorce in the registry office implies two procedures:
1.1 About bull order- divorce at the request of both spouses in the presence of the following circumstances:
Mutual consent to divorce;
Spouses do not have minor children.
1.2 forgiven order- at the request of one of the spouses, only in the presence of the following circumstances:
Recognition of the other spouse as missing (Article 42 of the Civil Code);
Recognition of the other spouse as incompetent;
If the other spouse is serving a term of imprisonment for more than three years.
2. Marriages of spouses are terminated in court:
Having minor children;
If one does not agree to a divorce;
Arguing among themselves over the division of jointly acquired property.
Divorce is subject to state registration on the basis of an extract from the court decision, which the court sends to the registry office within three days from the date the court decision enters into legal force.
3. Death of a spouse.
The death of any spouse (declaration of death under Article 45 of the Civil Code) is the basis for the termination of the marriage.
From the moment of marriage registration, spouses have equal rights and obligations as property, and non-property character. Non-property rights and obligations of spouses come down to the following:
1. Personal rights of spouses:
- free choice of occupation, profession, place of stay and place of residence;
- free choice of surname - premarital husband or wife, or double;
- change of surname without dissolution of marriage.
2. Personal obligations of the spouses:
- build your relationships in the family on the basis of mutual respect and mutual assistance;
- contribute to the well-being and strengthening of the family;
– care for the well-being and development of their children.
Property rights and obligations between spouses include about matrimonial relationship, and are regulated or sanctioned by the Family Code of the Russian Federation, which establishes two matrimonial property regime:
1. Legal(provided by the RF IC);
2. Negotiable.
Consider legal regime marital property, which includes the basic concepts:
1. The composition and regime of ownership of each of the spouses.
The indivisible property of each spouse includes:
1.1. Everything that each of them acquired before the registration of marriage - i.e. it is necessary to keep the documents on the acquisition, otherwise it is impossible to prove in court that this is a separate property.
1.2 Everything that everyone received during the marriage as a gift, by inheritance or other gratuitous transactions, must be a certificate of the right to inheritance, it is much more difficult to confirm that property was donated. If the gift is made to both, it is common joint property, if separately, then the separate property of each (for example, wedding gifts) is a simple written form of a donation agreement.
1.3 Items for personal use - the property of each of the spouses, with the exception of jewelry and other luxury items. The jewel, which is at the same time the subject of individual use, according to the legal regime is a common joint property. When the property is divided, this thing will be divided (i.e. the spouse who uses it will have to give another 1/2 of the value). There is no list of luxury items in either the law or the regulation. Doctrine: a luxury item is determined depending on the level of consumption of the family. If a luxury item was donated, then it is the property of one spouse. But it must be in writing. If a luxury item was acquired during marriage by both spouses, this is already a common joint property regime. Our law is silent about the objects of professional activity of each of the spouses, if one spouse uses it. The doctrine notes that objects of professional activity should have a similar treatment with luxury goods (common joint property).
1.4 One-off targeted payments related to the identity of this spouse (for example, the Nobel Prize).
1.5 Property acquired by each spouse during the period of separation, if the actual termination of family relations by them is proved in court.
2. Composition and regime of common joint property of spouses - property that the spouses acquired during the registered marriage (except for the property of each of them).
Spouses' property- this:
1. Income from various types of labor, entrepreneurial and intellectual activities; various cash payments that do not have a target character (pensions, benefits);
2. Various movable and immovable things acquired at the expense of general income (house, share in a cooperative);
3. Any other property acquired during the period of a registered marriage, regardless of whose name it is registered and which of the spouses contributed the appropriate funds (spouses have equal rights to common joint property, even if one of the spouses, for good reasons, does not participate in the creation material well-being of the family).
If one of the spouses does not participate in the creation of the material well-being of the family for disrespectful reasons, then he is not entitled to an equal share. The common joint property of the spouses under certain conditions may become the property of one of them - Art. 37 RF IC. For example, if the property of one of the spouses has been jointly invested by the labor of both spouses in cash, or if the property of one of the spouses has been invested by the other spouse by labor or money, and if the value of the property has increased significantly, then such property becomes common joint property.
Basic Rule joint property of spouses- Spouses own, use and dispose of common joint property by mutual consent (jointly), and the consent of the other spouse when disposing of such property by one of them is presumed. But in some cases it is necessary to get consent of the other spouse, notarized(Art. 35 RF IC), for example:
1. When it comes to the disposal of common real estate.
2. If one of the spouses makes any transaction with common property that requires notarization or state registration.
The contractual regime of property of spouses. When concluding a marriage, the spouses have the right to settle property relations between themselves by concluding a marriage contract (Chapter 8 of the Family Code of the Russian Federation).
marriage contract an agreement of persons entering into marriage, or an agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution, is recognized. Such an agreement can be concluded at any time, both before the registration of the marriage and after it, but if it is concluded before the registration of the marriage, the entry into force of the agreement will occur from the moment of the state registration of the marriage. In this case, in any case, a notarized certification of the written form of the marriage contract is required.
At the request of one of the spouses, the marriage contract may be amended or terminated by a court decision on the grounds and in the manner established by the Civil Code of the Russian Federation for amending and terminating the contract.
The validity of the marriage contract is terminated from the moment of termination of the marriage, with the exception of those obligations that are provided for by the marriage contract for the period after the termination of the marriage.
A marriage contract may be recognized by the court as invalid in whole or in part on the grounds provided for by the Civil Code of the Russian Federation for the invalidity of transactions.
The court may also invalidate the marriage contract in whole or in part at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position.
Marriage as an institution of family law. Marriage is an institution of law included in the branch of family law, including legal norms that fix and regulate personal and property relations that arise in marriage. These are relations between spouses, relations between parents and children, the procedure and conditions for entering into marriage and terminating it, etc. , derived from personal relationships character.
Between spouses and other family members there are many different personal relationships, the content of which they determine themselves.
The spiritual and physical side of marriage, the spiritual side of parental relationships - all these relationships are not regulated by law. Only a part of them is covered by legal regulation, as a rule, material relations acquire a legal norm, while moral aspects are outside the scope of regulation of law.
Marriage relations are relations in which the parties are bound by mutual legal rights and obligations protected by the state.
In an unregistered marriage, family relations do not give rise to legal consequences. Marriage relations are divided into personal and property. Personal relationships include relationships about: Property relationships include relationships about: Marriage is entered into in the state registry offices of civil status, by mutual consent of the persons when they reach the marriageable age of 18 years.
The rights and obligations of spouses arise only upon marriage in the registry office.
Marriage is terminated in the event of the death of one of the spouses or is declared dead by a court; through divorce. A marriage can be declared invalid in case of violations of the terms of the law in a judicial proceeding.
Property acquired by spouses during marriage is their common joint property. Spouses have equal rights to own, use and dispose of this property, even if one of them does not work. There are two points of view on marriage as an institution of family law: Recognition of the contractual basis of marriage in no way diminishes its ethical significance.
Marriage certainly plays a non-legal role as well; it can be seen as an oath before God or as a moral obligation. But this lies outside the legal realm. The same can be said about the dissolution of marriage, if we consider marriage as a civil contract, then divorce is the termination of this contract.
Spouses and other family members have always been given the right to conclude any civil contracts among themselves. At present, with the introduction of the institution of a marriage contract, spouses have received the right to conclude an agreement aimed at changing the regime of marital property, the issues of providing spouses with funds for the maintenance of each other.
A marriage contract as an institution of law presupposes a special composition of subjects: Since r, a number of norms of the Civil Code and since March 1, 96g the Family Code have come into force, providing for the possibility of concluding a marriage contract between spouses. The contract concluded between a man and a woman comes into force after the registration of marriage. Spouses may enter into agreements during the existence of the marriage. In cases where the spouses decide to determine their property status, being already married, the agreement comes into force from the moment of the written execution of the contract and notarization.
In the contract, the husband and wife may provide for shared ownership of the property acquired during the marriage. Spouses may also agree that the property acquired by each spouse is his property. The Family Code, in principle, does not limit the range of issues that can be settled with the help of a marriage contract.
There are restrictions in Art. A marriage contract can not only be concluded at any time during marriage, but also terminated by agreement of both spouses. An agreement to amend or terminate a marriage contract is also made in writing and is subject to notarization. Unilateral refusal of a marriage contract is not allowed by law, disputes are resolved in court.
