Legal norms regulating the peculiarities of marriage and family relations. What relationships are governed by family law

23.07.2019

1. General provisions of family law

A feature of Russian family law is that, unlike other branches of law, it regulates relations in the family and is limited by its framework. The current family legislation clearly articulates the basic principles and objectives of the legal regulation of family relations.

Basic principle of family law enshrined in Art. 38 of the Constitution of the Russian Federation on the protection of motherhood, childhood and family by the state.

Main objectives of family law- strengthening the family, building family relations on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members, establishing relations in the family that create the necessary conditions for a decent life, free development of each family member and raising children.

The purpose of the RF IC- establishment of legal conditions for strengthening the family, meeting the interests of the individual, worthy and free development of each family member.

Family law is called upon to ensure the unhindered exercise and protection of the rights of all family members, as well as to prevent arbitrary interference in family affairs. According to the RF IC, the family, motherhood and childhood are under the protection of the state.

The main principles of legal regulation of family relations are:

1) equality of rights of spouses in the family;

2) the voluntariness of the conclusion of a marriage union between a man and a woman;

3) resolution of intra-family issues by mutual agreement;

4) the priority of family upbringing of children, concern for their well-being and development; 5) ensuring priority protection of the rights and interests of minors and disabled family members.

These principles are based on the universally recognized rules and norms of international law and the Constitution of the Russian Federation, which prohibit any form of discrimination in marriage and family relations. According to the RF IC, the rights of citizens in a family may be limited only on the basis of a federal law and only to the extent necessary to protect the morality, health, rights and legitimate interests of other family members and other citizens. In the Russian Federation, a marriage registered only in the registry office is recognized.

Family law establishes the procedure for concluding and terminating a marriage, as well as the conditions and consequences of declaring a marriage invalid, regulates property and personal non-property relations between spouses, parents and children (adoptive parents and adopted children), as well as between other relatives in cases provided for by law. Establishes equality of rights and obligations of parents in matters of upbringing, education, material support, protection of the rights and legitimate interests of their children, regardless of whether they live together with their child or not. Determines the procedure for placing children left without parental care in foster families.

In the Russian Federation, every citizen from birth is guaranteed and owns equal rights and freedoms provided for by the Constitution and generally recognized principles and norms of international law.

2. Subject and method of family law

Family law subject It is a social relationship that develops between family members and is regulated by the norms of family law. Family legal relations arise from marriage (between spouses, as well as between spouses and children), from consanguinity (between parents who are not necessarily married, and children, brothers and sisters, grandparents and other close relatives), as well as from certain legal facts equated by law with kinship (adoption, adoption of children for upbringing in a foster family).

Subjects of family legal relations are only citizens.

Relationships related to the registration of acts of civil status are not the subject of family law The procedure for state registration of acts of civil status (birth and death of a citizen, marriage, establishment of paternity, adoption (adoption), change of name, procedure for correcting, restoring and canceling entries in the books of state registration of acts of civil status are regulated by Federal Law No. 15 November 1997 143-FZ “On acts of civil status.” The subject of family law is property and personal non-property family relations.

Property relations determine the procedure for possession, use and disposal of common property and property of each of the spouses, division of common property and determination of shares, maintenance obligations of parents and children, spouses and former spouses.

Personal non-property relations- these are relations related to the conclusion and termination of marriage, the choice of a surname by the spouses, resolving issues of paternity and motherhood, raising and educating children and other issues related to family life.

In family law, personal relationships are prioritized, since the rules governing property relations are largely based on personal family relationships.

has a priority role family education of children. Thus, children left without parental care are transferred to a family for upbringing, and only in the absence of such an opportunity, care for their well-being and development, ensuring the protection of rights and interests is assigned to institutions for orphans and children left without parental care.

The Family Code of the Russian Federation, like the Constitution of the Russian Federation, prohibits any form of restriction of the rights of citizens in family relations on the grounds of social, racial, national, linguistic or religious affiliation.

main method legal regulation is dispositive. The Family Code of the Russian Federation provides the subjects of family law in most cases to independently resolve issues related to the life of their family.

3. Family law and other acts containing family law

According to the Constitution of the Russian Federation, family law is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Consequently, it includes, along with federal laws, the laws of the constituent entities of the Russian Federation. Family law is a system of normative legal acts regulating family relations.

Family law is from the RF IC and the federal laws and laws of the constituent entities adopted in accordance with it. Family Code of the Russian Federation is the main codified federal law in the field of legal regulation of family relations. Along with the RF IC, other federal laws may also be adopted. But these laws must comply with the RF IC and not contradict it. The Family Code of the Russian Federation defines the range of legal relations regulated by family law, establishes general provisions related to the exercise and protection of family rights, as well as the rules applicable to family relations, the participants of which are foreign citizens and stateless persons.

Laws of the subjects of the Russian Federation regulate family relations on issues within the jurisdiction of the Russian Federation that are not directly regulated by the Family Code. The laws of the constituent entities of the Russian Federation must not contradict the IC RF and the Constitution of the Russian Federation. presidential decrees, adopted on issues within its competence and not contradicting the RF IC and other federal laws, may also contain rules governing family relations.

In cases provided for by the RF IC, other federal laws and presidential decrees, the Government of the Russian Federation has the right to adopt regulatory legal acts.

The Government of the Russian Federation may adopt normative acts regulating the following issues:

1) approval of the list of types of earnings and other incomes of parents from which alimony for the upbringing of minor children is deducted;

2) determining the procedure for organizing centralized registration of children left without parental care;

3) establishment of the amount and procedure for the payment of funds paid monthly for the maintenance of children to a trustee or guardian;

4) establishing the procedure for payment and the amount of funds paid monthly for the maintenance of children to a foster family;

5) determination of the list of diseases in the presence of which a person cannot adopt a child, take him to a foster family, establish guardianship or guardianship over him;

6) approval of the regulations on the foster family. The Government of the Russian Federation takes the appropriate

rulings on all of these issues.

The generally recognized principles and norms of international law are part of the legal system of the Russian Federation. In the event of a conflict between the norms of Russian family law and international law, the norms of international law shall apply.

4. Application of civil law to family relations

Family legal relations governed by more than just family law. Family law is most closely related to civil law. In the new RF IC, this relationship can be traced most clearly. According to the current RF IC, family relations (property and personal non-property) are subject to the norms of civil law, if these relations are not regulated by family law and their application does not contradict the essence of family relations. This is explained by subject of legal regulation family relations in contrast to the subject of civil law has a certain specificity. As a rule, family relations exist outside the sphere of market relations, they are gratuitous, therefore, the application to them of the norms of civil law, which regulates compensated relations, may contradict the essence of family relations. For example, in the event of late payment of alimony, the norms of the Civil Code of the Russian Federation on lost profits cannot be applied, since alimony is paid to ensure the normal existence of a person, and not to make a profit. Common to these branches of law is that civil law regulates property and related personal non-property relations based on equality, property independence and autonomy of the will of their participants. In family relations, participants are also recognized as legally equal, have an autonomous will, and their personal property is separated from the property of others. 4b other family members. Thus, family relations are a subspecies of civil relations.

Correlation between civil and family law The norms of civil law are general in relation to the norms of family law. Thus, according to the rules on the competition of general and special rules for family relations, general (civil law) rules will apply only if there are no special rules of family law. As a rule, the Civil Code of the Russian Federation establishes general rules of law, which are specified in family law. For example, in Art. 256 of the Civil Code of the Russian Federation refers to the possibility of determining the regime of property of the spouses by the marriage contract. The Family Code of the Russian Federation contains special rules regarding the content of the contract, the procedure for its conclusion, termination and invalidation. Article 101 of the RF IC states that the general rules of civil law apply to the conclusion, amendment and invalidation of an agreement on the payment of alimony. The IC of the Russian Federation establishes special conditions regarding the change and invalidation of an agreement on the payment of alimony, related to its specifics.

Thus, Art. 4 of the RF IC allows the application of civil law to family relations, but only if this does not contradict their essence.

5. Application of limitation period in family relations

Limitation of actions- this is the period established by law for the protection of a violated right in court. The limitation period is the most important institution of family law, as it ensures the stability of family relations, promotes the interest of participants in the timely exercise of their rights. The need to establish a limitation period is due to the fact that often after a long time, the court's assessment of the circumstances referred to by the parties becomes impossible. And persons who are subject to unreasonable demands cannot collect enough evidence in their defense.

According to Art. 9 of the Family Code of the Russian Federation, claims arising from family legal relations are not subject to limitation of actions. The only exceptions are those cases that are directly indicated by the RF IC. This provision is aimed at protecting the rights and legitimate interests of participants in family legal relations. The Family Code of the Russian Federation provides the subjects of legal relations with the opportunity to defend their rights in court, regardless of how much time has passed since their violation.

The statute of limitations does not apply to challenging the terms of a marriage contract, to the grounds for the emergence of the rights and obligations of parents and children, to claims for the recognition of marriage as invalid, to claims for the recovery of alimony (until the child reaches the age established by law) and in some other cases. According to Art. 8 of the RF IC, the limitation period for the protection of a violated right is applied only if it is established by the RF IC. For example, when dividing the common property of spouses who have divorced, a three-year statute of limitations applies.

The general statute of limitations is set in the Civil Code of the Russian Federation and is also three years. For certain relations, laws may provide for other periods of limitation.

The types of statute of limitations are cutoff deadlines. In particular, these include: the term for paying alimony for the maintenance of the wife during her pregnancy (three years from the date of birth of a common child) or the term for exercising parental rights, which terminates from the moment the child reaches the age of majority.

Claims for the protection of a violated right are accepted by the court and are considered on the merits, regardless of the expiration of the limitation period. The court may apply the rules of limitation only upon application of a party made before the court decides on the merits of the dispute.

Calculation of limitation periods is made from the day when the person knew or should have known about the violation of his right.

A deadline missed for good reasons can be restored in court. This is possible in exceptional cases, occurring in the last six months of the limitation period, when circumstances related to the identity of the plaintiff prevented the timely filing of a claim (helplessness, serious illness, illiteracy).

The expiration of the limitation period is grounds for dismissing the claim.

6. Exercise of family rights

Emergence of family rights and obligations

associated with the presence of certain legal facts - events (birth of a child) and actions (marriage or divorce). The new Family Code of the Russian Federation provides participants in family relations with the opportunity to dispose of their rights at their own discretion. Thus, citizens independently decide whether to protect their rights or not in accordance with paragraph 1 of Art. 7 RF IC. The only exceptions are those cases when all members of society and the state are interested in protecting family rights. In such cases protection of violated rights is carried out prosecutor and guardianship authorities. In accordance with the RF IC, some rules may be changed by agreement of the parties. These norms are called diapositive. Most of these norms are contained in the provisions that regulate the property relations of family members. The Family Code of the Russian Federation establishes two modes of matrimonial property: legal and contractual. In the first case, all property acquired by the spouses during the marriage is their joint property, in the second case, the spouses have the right, by concluding a marriage contract, to change the legal regime of property, establishing a joint, shared or separate regime.

The possession of family rights is inextricably linked with respect for the rights of other family members, which must not be violated under any circumstances. So, according to Art. 7 of the Family Code of the Russian Federation, the exercise by family members of their rights and the performance of their duties must not violate the rights, freedoms and legitimate interests of other family members and other citizens. Family rights are protected by law, with the exception of cases of deliberate violation of the rights of others in order to harm them (clause 2, article 7 of the RF IC).

In family relationships, rights are inextricably linked with duties. For example, the right of parents to raise their children is also their primary responsibility. This obligation is enshrined in the Constitution of the Russian Federation. The exercise of this right cannot be left to the discretion of the parents.

According to the law, certain rights that belong to spouses must be exercised jointly by them. In particular, the right to raise and educate children.

The law requires family members to observe the norms of morality and morality, the basic principles of family law, which helps to strengthen the family, build family relations on feelings of mutual love and respect.

The protection of family rights is carried out by the court according to the rules of civil proceedings, and in cases provided for by this RF IC, by state bodies or guardianship and guardianship authorities in accordance with paragraph 1 of Art. 8 RF IC.

Paragraph 2 of Art. 8 of the IC of the Russian Federation establishes that the protection of family rights is carried out in the ways provided for by the relevant articles of the IC of the Russian Federation.

7. Conditions of marriage

Marriage- this is the union of a man and a woman, concluded with the aim of creating a family. Marriage is legally valid only if certain conditions were met when it was entered into. The list of such conditions is contained in the RF IC and is exhaustive.

Necessary conditions for marriage are: the voluntary mutual consent of a man and a woman entering into marriage, as well as their achievement of marriageable age. If even one of these conditions is not met, the marriage will be considered invalid.

Reciprocity implies the mandatory presence of consent from both the man and the woman. This consent must be confirmed by the registry office when registering the marriage. The will of persons must be conscious, they must understand the meaning of their actions. If a person is in a state of mental disorder or strong emotional agitation, strong alcohol or drug intoxication, then marriage with such a person should not be registered.

Consent to marriage must be free from physical and mental violence, coercion or deceit. Any violence aimed at forcing a person to marry is immoral, contradicts the essence of marriage, and violates the norms of the Constitution on the equality of rights and freedoms of men and women.

The Russian Federation recognizes a marriage concluded only between a man and a woman. Marriages between persons of the same sex are not registered in the Russian Federation.

A guarantee of compliance with the principle of voluntariness is the requirement of the law on the personal presence of persons entering into marriage at its conclusion. Marriage through a representative is not allowed.

Other necessary condition for marriage is the attainment of marriageable age.

In the Russian Federation, marriage is allowed from the age of 18, that is, upon reaching full legal capacity. According to experts, by the age of 18, the spouses reach the necessary degree of physical, mental and social maturity. If there are valid reasons, the age of marriage may be reduced to 16 years. This rule applies to both men and women. The laws of the constituent entities of the Russian Federation, in the presence of special circumstances, may allow marriage before the age of sixteen. The age limit for marriage is not defined by law.

Along with the conditions for concluding a marriage, the RF IC provides for circumstances that prevent its conclusion.

Marriage is prohibited between close relatives, adoptive parents and adopted children, persons, at least one of whom is recognized by the court as incompetent, as well as persons, at least one of whom is already in another registered marriage. This list of circumstances is exhaustive and is intended to prevent knowingly defective marriages.

Among the many aspects of the problem of forming young people's readiness for family life, the most important is the correct understanding of the social role of the family and marriage in modern society, the presence of civil legal consciousness. At present, there is a significant weakening of the regulatory impact of the norms and standards of behavior in the family previously established in society and enshrined in the public consciousness. This is primarily due to the fact that in modern conditions some important functions that played a significant role in the traditional family have disappeared. The functional roles typical of a man-spouse and a woman-wife that took place in the past have also changed significantly. Marriage and the family, in the minds of individuals, are increasingly becoming the main means of satisfying their needs for intimate and informal communication. Along with the moral regulation of marriage and family relations, there is also a legal regulation of these relations, which fixes and consolidates their social essence by defining the basic civil rights and obligations of family members to each other and to society.

The main act regulating family relations is the Code, according to which family law is legislative and other normative acts regulating:

Establishing the procedure and conditions for entering into marriage;

Personal and property relations arising in the family between family members: spouses, parents and children, including between adoptive parents and adopted children, and in cases and within the limits provided for by family law, between other relatives and other persons;

Determination of the form and procedure for placing children left without parental care in a family.

The articles of the Family Code of the Russian Federation indicate the rights and obligations of spouses, we will name the most significant for young families:

31. Equality of spouses in the family.

1. Each of the spouses is free to choose the type of occupation, profession, place of stay and residence.

2. Issues of motherhood, fatherhood, upbringing, education of children and other issues of family life are resolved by spouses jointly based on the principle of equality of spouses.

3. Spouses are obliged to build their relationships in the family on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of their children.

34. Joint property of spouses.

1. Property acquired by spouses during marriage is their joint property.

2. The property acquired by the spouses during marriage (common property of the spouses) includes the income of each of the spouses from labor activity, entrepreneurial activity and the results of intellectual activity, pensions, allowances received by them, as well as other cash payments that do not have a special purpose ( amounts of material assistance, amounts paid in compensation for damage in connection with disability due to injury or other damage to health, etc.). The common property of the spouses is also movable and immovable things acquired at the expense of the joint income of the spouses, securities, shares, deposits, shares in the capital contributed to credit institutions or other commercial organizations, and any other property acquired by the spouses during the marriage, regardless of whether in the name of which of the spouses it was acquired or in the name of which or by which of the spouses the funds were deposited.

34.3. The right to the common property of the spouses also belongs to the spouse who, during the period of marriage, managed the household, cared for children or, for other reasons, did not have an independent income.

36. Property of each spouse.

1. The property that belonged to each of the spouses before marriage, as well as the property received by one of the spouses during the marriage as a gift, by inheritance or by other gratuitous transactions (the property of each of the spouses), shall be his property.

2. Items for individual use (clothes, shoes and others), with the exception of jewelry and other luxury items, although acquired during the marriage at the expense of the joint funds of the spouses, are recognized as the property of the spouse who used them.

37. Recognition of the property of each spouse as their joint property.

The property of each of the spouses may be recognized as their joint property if it is established that during the marriage, at the expense of the property of the spouses or the property of each of the spouses, or the labor of one of the spouses, investments were made that significantly increase the value of this property (major repairs, reconstruction, re-equipment and others).[ The Family Code of the Russian Federation was adopted on December 8, 1995 by the Fifth State Duma. The President of Russia signed this Federal Law on December 29, 1995, and in accordance with Art. 168 of the Family Code of the Russian Federation on March 1, 1996, it entered into force.

Along with the Family Code of the Russian Federation, there is the law “Main Directions of Youth Policy in the Russian Federation”, as well as the government program “Youth of Russia”. Today, it is necessary to guarantee the provision of social services to young families, the creation and improvement of the work of youth social service institutions, youth committees.

] An important direction in improving the financial situation of young families and increasing their economic independence should be the provision of loans of various sizes and forms on favorable terms.

Currently, the current legislation provides for several state loans for young families. It is proposed to legislatively ensure the procedure for the redemption by the state of partially or completely of the credit obligations of a young family.

Study

To try to determine the readiness of students for marriage, I conducted a survey on this topic (see appendix).

Among the 40 respondents, there are 3rd year students of the RSSU (two groups).

According to the survey results, those who have a positive attitude towards marriage, in percentage terms, make up 65% of all respondents. Among those surveyed, 25% have not yet thought about it. 8% found it difficult to answer, and 2% of respondents had a negative attitude towards marriage.

Among the respondents, 94% believe that the most acceptable age for marriage is 20-30 years old, and the remaining 6% consider it to be 18-20 years old. The positive thing is that no one answered at the age of 16-20. This means that the majority believes that marriage at an early age is unacceptable.

When asked about the attitude towards marriage with different nationalities, the opinion was divided as follows: 38% of the respondents answered that they were not interested in it, 25% found it difficult to answer, 12% answered that this was not the main thing for them, but their parents were against it. Among the respondents, 25% believe that it is impossible to marry different nationalities, the reason for this, in my opinion, can be the racism that has spread in Russia.

When asked about the significance of the social status of the second half, the majority of students answered that it does not matter to them (75%), 7% answered - a student, 3% - a worker. The remaining 15% of respondents want their other half to be engaged in business, and only girls answered this way.

When asked if you are married, only one person answered yes, and three are cohabiting.

One of the branches of the Russian legal system is family law. This is a set of legal norms aimed at regulating relations in society that arise in connection with the creation and existence of a family, the termination of marriage. The main principles of legislation in this area are established in the RF IC. It was created in order to strengthen the family, build relationships based on love, mutual understanding and respect, responsibility to all its members. In addition to the UK, the norms in this area are contained in other federal laws, regulations of the constituent entities of the Russian Federation, and the latter can be adopted strictly in cases provided for in the code.

The subject and method of family law

Its subject includes based on marriage and kinship, guardianship and guardianship, adoption and adoption for the upbringing of children, property and non-property personal relations arising between family members. Family law regulates the conclusion and termination of marriage, the rights of parents, spouses, etc.

In family law, the imperative method is predominantly used, which does not provide freedom of choice. Thanks to this, the principles of building relationships are clearly defined in the family sphere.

Principles

When issuing laws, the state seeks to interfere as little as possible in family relations, confining itself to establishing only the most necessary generally binding rules.

Family law is based on the following principles: voluntary marriage, equality of rights and obligations, resolution of intra-family disputes by mutual consent, monogamy, the priority of raising children in the family, care for their development.

Subjects of family law

Spouses, grandparents, sisters, brothers, parents (including adoptive parents), stepfathers, stepmothers, adoptive parents, guardians, trustees can act as such.

Family law determines that only a citizen with family legal personality can be the subject of legal relations. The first arises from birth, but the scope of rights varies depending on age, especially after reaching adulthood. Family

legal capacity may be limited, but only in cases provided for by law. A citizen may be deprived of legal capacity. For example, in connection with mental illness. In such a case, he will not be able to marry, become a guardian, etc.

Protection of family rights

As a rule, the protection of family rights is carried out in court. In the event of any disputes regarding the division of property, the need to collect alimony in case of disability, the presence of minor children, etc., the interested party files a claim with the court. The decision made by the court is binding.

Aimed at protecting the interests of children as a priority. Their presence is taken into account in resolving various disputes between spouses. If care and concern for a child is inadequate, his mother and father may be deprived of their parental rights.

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INTRODUCTION

Family law at the present stage of development of society regulates a wide range of personal non-property and property relations between family members, as well as between family members and other persons. Property relations in the family, whatever their role in married life, from a legal point of view, deserve the closest attention. As M.V. Antokolskaya: “Property relations of spouses are much better regulated by law than personal non-property ones”; such relationships "constitute the majority of marital relationships regulated by law."

The object of the control work is the legal relationship that develops between the spouses during the period of marriage and after its dissolution.

The subject of the study is the legal norms governing marriage and family relations.

The purpose of the control work is to study and study the legal norms governing the features of marriage and family relations.

To achieve this goal, it is necessary to resolve the following main tasks:

1) define the concept and essence of marriage and family relations,

2) investigate the grounds for the emergence and termination of marriage and family relations,

3) investigate the property and personal non-property rights of the spouses

Methods for researching the subject are mainly theoretical analysis of the literature, comparative analysis.

The work used the scientific works of domestic and foreign scientists, legal documents.

This test is devoted to one of the urgent problems in the field of law - Marriage and family relations.

The set goal and objectives determined the structure of the work. The work consists of introduction, three chapters, conclusion, bibliography.

GENERAL CHARACTERISTICSMARRIAGE AND FAMILY RELATIONS

Spouses are married persons registered in the registry office, husband and wife. Spouses have equal rights to own, use and dispose of property acquired during marriage, regardless of the degree of personal, labor or material participation in its acquisition.

In ordinary consciousness, the concepts of "marriage" and "family" can be identified, but in science it is customary to distinguish between them. Marriage is a social institution that regulates relations between the sexes. Man and woman act in it both as individuals and as citizens of the state. The social nature of marriage is manifested, first of all, in the public form of its conclusion, in the society-controlled choice of marriage partners, in the inheritance of family property.

Marriage is, in general, historically diverse mechanisms of social regulation (taboo, custom, tradition, religion, law, morality) of sexual relations between a man and a woman, which is aimed at maintaining the continuity of life. The social purpose of marriage is reproduction. Currently, in most cases, marriage acts as a voluntary union of a man and a woman, based on mutual inclination and personal agreement, formalized in the manner prescribed by law, aimed at creating and maintaining a family.

The concept of "family" is intended to characterize a complex system of relationships between spouses, their children, and other relatives.

There are many definitions of the concept of "family". According to the traditional definition of this concept, the Family is the most important form of organizing personal life, a type of social community, a small group based on a marital union, family ties or adoption, that is, on multilateral relations between husband and wife, parents and children, brothers, sisters, other relatives living together and leading a common household.

The exact meaning of the concept of "family" depends on a certain historical and cultural context. Initially, the family was understood as the whole household, functioning as a whole, including people living under the same roof or subject to the authority of one person. In addition to the family itself, this included numerous relatives, servants, slaves and even domestic animals. Thus, the family was understood as an association of people for the purpose of effective social regulation or management. At its very core, the family is a community that involves the protection and satisfaction of the elementary needs of its members.

The uniqueness of marriage and family lies in their emotional and kinship potential. Understood as the most important and intimate of all possible relationships, the bond of marriage defines the whole mode of being that distinguishes a certain art of being together.

Family legal relations in their exact meaning are relations between family members in its sociological understanding, as well as between relatives of the first and second degree of kinship, falling under the scope of family law regulation.

Family legal relations are divided into personal (non-property) and property.

Personal (non-property) legal relations include legal relations relating to marriage and termination of marriage, legal relations between spouses when resolving issues of family life, choosing their surname when entering into marriage and its dissolution, legal relations between parents and children regarding the upbringing and education of the latter, and others.

Property legal relations are legal relations between family members for mutual material maintenance (the so-called maintenance obligations), as well as legal relations between spouses regarding their property acquired in marriage (common property of spouses).

The family-law method of regulating relations is characterized by the establishment of family relations on the basis of a personally trusting nature. In its absence, the regulation of both personal and property family relations becomes ineffective.

CONCLUSION AND RASTORGANIZATION OF MARRIAGE

The law establishes the conditions for entering into marriage and the obstacles to its conclusion. Compliance with the conditions for concluding a marriage is necessary for the marriage to acquire legal force. The condition for registering a marriage is the mutual consent of the persons entering into marriage and their attainment of marriageable age. The mutual consent of persons entering into marriage is predetermined by the very essence of marriage, which is a voluntary and free union of a man and a woman.

According to Art. 13 UK marriageable age is timed to the onset of adulthood -18 years. By this time, people reach physical, intellectual and mental maturity.

The law defines a minimum marriageable age, but does not establish a maximum marriageable age. The age of marriage may be reduced, but not more than two years, and only in exceptional cases: pregnancy of a minor, the birth of his child, conscription for military service, and others. The procedure and conditions under which entry into marriage as an exception, taking into account special circumstances, may be permitted before reaching the age of sixteen, may be established by the laws of the constituent entities of the Russian Federation.

It is not allowed to register a marriage between relatives in a direct ascending and descending line, between full-blooded (having a common father and mother) and not full-blooded (having only one common parent) brothers and sisters, as well as between adoptive parents and adopted children. This prohibition is based on the fact that closely related marriages lead to a high percentage of hereditary diseases.

Marriages between half-brothers and sisters (children of each spouse from previous marriages), as well as between in-laws (each spouse with relatives of the other spouse, as well as relatives of the spouses among themselves) are not prohibited.

Marriage is not allowed between persons, of which at least one is recognized as incapacitated due to mental illness or dementia, because. an incompetent person cannot be aware of the actions performed and manage them.

The Family Code provides for the possibility of a medical examination of persons entering into marriage. At the same time, examination of persons is carried out only with the consent of these persons and free of charge. In the event that one of the persons who entered into marriage hid a sexually transmitted disease or HIV infection from another person, the latter has the right to apply to the court with a request to recognize the marriage as invalid (Article 15 of the SCRF).

The conclusion of marriage takes place after a month after the submission by persons wishing to marry, an application to the state body of the registry office. If there are valid reasons, the civil registry office at the place of state registration of marriage may allow marriage before the expiration of a month, and may also extend this period, but not more than a month.

State registration of marriage is carried out in the manner established for state registration of acts of civil status.

Spouses have the right to choose a surname at the time of marriage. The surname performs an important social function of individualization of the individual in society. Spouses may choose, at their discretion, the surname of one of them or retain their premarital surnames. In life, spouses, as a rule, have a common surname. The same surname is also used by children born from marriage.

A marriage registered in violation of the conditions stipulated by the Family Code of the Russian Federation, as well as a marriage entered into without the intention of creating a family (fictitious), with the aim of acquiring any property or other benefits (the right to a residence permit, property, etc.) is recognized as invalid. Citizens who were in an invalid marriage do not have any personal, non-property rights and obligations. The spouse loses the right to bear the surname of the other spouse, the property acquired in such a marriage is not subject to the regime of common joint property.

The recognition of a marriage as invalid does not affect the rights of children born in such a marriage or within three hundred days from the date of recognition of the marriage as invalid. When making a decision on recognizing a marriage as invalid, the court has the right to recognize for the spouse whose rights are violated by the conclusion of such a marriage (a bona fide spouse) the right to receive maintenance from the other spouse.

A conscientious spouse has the right to demand compensation for the material and moral damage caused to him in accordance with the rules provided for by civil law. A conscientious spouse has the right, upon recognition of a marriage as invalid, to retain the surname chosen by him during the state registration of marriage.

During the life of the spouses, the marriage is terminated by divorce. Unfortunately, the number of divorces in our country is still high.

Divorce is a legal act that terminates the legal relationship between spouses for the future. Divorce is placed under the control of the state and can only be carried out by state bodies: the registry office and the court, other bodies are incompetent in considering a divorce case. This or that procedure for the dissolution of a marriage is provided for in the law depending on certain circumstances and cannot be predetermined by the desire of the parties. An application for divorce can be filed by either one of the spouses or both spouses.

Marriages between spouses who have expressed their consent to divorce and do not have minor children are terminated in the registry office. And we are talking about common minor children. The presence of a child in one of the spouses by a parent, or whose adoptive parent is not the other spouse, does not serve as an obstacle to the consideration of the case in the registry office. As a result of the dissolution of a marriage, personal and property legal relations that have arisen between spouses in a marriage are terminated. The marriage is considered dissolved from the moment of registration of its dissolution in the registry office.

In court, a marriage is dissolved at the request of both or one of the spouses. The marriage is terminated if the court determines that the further life of the spouses and the preservation of the family have become impossible. When considering a divorce case, in the absence of the consent of one of the spouses to dissolve the marriage, the court has the right to take measures to reconcile the spouses and has the right to postpone the proceedings, setting the spouses a period for reconciliation within three months. The dissolution of the marriage is carried out if the measures for reconciliation of the spouses were unsuccessful and the spouses (one of them) insist on the dissolution of the marriage.

It should be borne in mind that the husband does not have the right, without the consent of the wife, to apply to the court for a divorce if the wife is pregnant, and also within one year after the birth of the child. This rule also applies when the child was born dead, or did not live up to one year. The wife has the right to raise the issue of divorce in court in any case.

Marriages are dissolved by court order:

a) between spouses with minor children;

b) between spouses, one of whom does not agree to the dissolution of the marriage, because in this case a dispute arises, the resolution of which is within the competence of the court;

c) between spouses, although they have expressed their consent to divorce, but are arguing over the division of property that is their common joint property, on the payment of alimony to a needy disabled spouse;

d) between spouses, if one of the spouses, despite the absence of objections, evades the dissolution of marriage in the registry office (refuses to submit an application, or, having submitted it, does not want to appear to register a divorce).

An application for divorce is filed with the district (city) people's court at the place of residence of the spouses, if they live together, or the defendant's spouse if they live separately (Article 117 of the Code of Civil Procedure). An application for divorce from persons sentenced to less than five years' imprisonment shall be filed with the people's court at the last place of residence of that person prior to his conviction. If the spouses have minor children, or if the applicant's spouse has difficulty in traveling to the place of residence of the other spouse due to the state of health of the applicant, then an application for divorce may be filed with the people's court at the place of residence of the applicant.

An application for dissolution of marriage with persons who have been conditionally sentenced to deprivation of liberty with compulsory labor or conditionally released from places of deprivation of liberty with compulsory labor shall be filed with the people's court at their place of residence during the performance of work. If the applicant has minor children or travel to the place of residence of the other spouse is difficult for health reasons, then the application is submitted to the people's court at the place of residence of the applicant. There are cases when a spouse who wants to dissolve a marriage does not know where the other spouse lives, and, of course, cannot get his consent to divorce. In this case, an application for divorce is filed with the people's court at the last known place of residence of the other spouse or at the location of his property.

However, in this case, another way is also possible - the spouse has the right to apply to the people's court at the place of his residence with an application for the recognition of the second spouse as missing. This is possible if there is no information about his place of stay during the year. After the court makes such a decision, a divorce from a person recognized as missing is carried out in a simplified manner by the registry office.

Divorce cases are considered, as a general rule, in an open court session, but at the request of the spouses, when the intimate aspects of their lives are affected, they can be considered in a closed session. Simultaneously with the dissolution of the marriage, the court may resolve the disputes that have arisen between the spouses:

a) with which of them the children will live after the divorce;

b) on the recovery of funds for the maintenance of children;

c) on the recovery of funds for the maintenance of a disabled spouse;

d) on the division of property that is common joint property.

The divorce court may:

a) make a decision on the dissolution of the marriage;

b) dismiss the claim;

c) postpone the trial of the case and set a period for reconciliation between the spouses within the limits provided for by law, if it was not possible to achieve reconciliation of the spouses in the court session. This period is set within 6 months.

If the spouses nevertheless decided to get a divorce, and the court ruled on the dissolution of the marriage, then the (former) spouses can at any time apply to the registry office to obtain a divorce certificate. Registration of divorce is carried out regardless of the time that has elapsed after the court has issued a decision on divorce.

Directly in the registry office (registration of acts of civil status), the marriage is dissolved if the spouses do not have children under the age of 18 and they both agree to a divorce. And we are talking about common minor children. The presence of a child in one of the spouses by a parent, or whose adoptive parent is not the other spouse, does not serve as an obstacle to the consideration of the case in the registry office.

The registry office that accepted the application for divorce can register it only after 3 months from the date of receipt of the application in the presence of both spouses. This period may not be shortened in any way. However, if both spouses must be present when submitting an application to the registry office, then registration of divorce can be carried out in the absence of one of the spouses if there is a duly certified application confirming consent to divorce.

In the bodies of the registry office in a simplified manner, a marriage can be dissolved with a spouse who is recognized by law as invalid due to mental illness or dementia, missing or sentenced to imprisonment for a period of at least 5 years.

In this case, the divorce is registered with the registry office at the place of residence of the applicant spouse, who must submit a marriage certificate, a copy of the court decision that has entered into force on recognizing the second spouse as incapacitated or missing, or a copy of the court verdict on deprivation of liberty (conviction) that has entered into force. ) second spouse for a period of at least 5 years.

In Russia, recently, marriage and family relations with the participation of foreign citizens are becoming more widespread, which is a direct consequence of the democratization of our society. Naturally, in these circumstances, many questions arise about the application of legislation in regulating such relations.

According to Articles 156 and 160 of the UK, the form and procedure for concluding a marriage on the territory of the Russian Federation, the dissolution of a marriage between citizens of the Russian Federation and foreign citizens or stateless persons, as well as marriage between foreign citizens on the territory of the Russian Federation is carried out in accordance with Russian law.

However, the conditions for concluding a marriage (marriage age, etc.) are determined for each of the persons entering into marriage by the legislation of the state of which the person is a citizen at the time of marriage (clause 2, article 156); the exception is persons who have foreign citizenship along with the citizenship of the Russian Federation (the laws of the Russian Federation apply to them), as well as persons of citizenship of several foreign states who choose the legislation of one of the relevant states.

At the same time, all foreign citizens without exception, as well as citizens of Russia, are subject to restrictions regarding the circumstances that prevent marriage, which are formulated in Article 14 of the RF IC.

Marriages between foreign citizens entered into in Russia in embassies or consulates of foreign states are recognized on the basis of reciprocity as valid in Russia if these persons at the time of marriage were citizens of the state that appointed the ambassador or consul.

As for the dissolution of a marriage with the participation of foreign citizens on the territory of Russia, then, as noted above, in this case the procedure is carried out in accordance with the legislation of the Russian Federation (Article 160 of the UK).

A citizen of the Russian Federation residing outside the territory of the Russian Federation has the right to dissolve a marriage with a spouse residing outside the territory of the Russian Federation, regardless of his citizenship, in a court of the Russian Federation. If, in accordance with the legislation of the Russian Federation, the dissolution of a marriage is allowed in the civil registry offices, the marriage may be dissolved in diplomatic missions or consular institutions of the Russian Federation.

The dissolution of a marriage between citizens of the Russian Federation or the dissolution of a marriage between citizens of the Russian Federation and foreign citizens or stateless persons, committed outside the territory of the Russian Federation in compliance with the legislation of the relevant foreign state on the competence of the bodies that made decisions on the dissolution of marriage, and the legislation to be applied in the dissolution of marriage, is recognized as valid in RF.

IMUPROPERTY AND PERSONAL PROPERTYRIGHTS OF SPOUSES

Spouses in a market economy are subject to all its basic requirements in terms of rights and obligations. Spouses' property is the main source of compensation for their violated obligations. The spouses are liable for their personal obligations both with the property of each of them and with the common property.

Property acquired during marriage is the joint property of the spouses. This is a general rule, which, at the same time, can be changed by mutual agreement of the parties by concluding a separate agreement that changes the legal legal regime of property to a contractual one, in this case, of course, it means the conclusion of a marriage contract, the content of which may provide for the establishment of relations between spouses joint, shared or separate ownership of all property, its separate types or the property of each of the spouses, and this applies not only to property that is available, but also to property that may appear in the future.

The conclusion of a marriage contract is allowed both before the state registration of marriage (however, its entry into force will be marked precisely by this moment), and at any time during the marriage. It is essential to comply with the form of the contract - written and notarized - otherwise it will not be considered valid with all the ensuing consequences.

But there is also the property that will be considered the personal property of each spouse. Firstly, property that belonged to a person before marriage or received during marriage, but as a gift or by inheritance; secondly, things for individual use (clothes, shoes, and the like, except for jewelry and other luxury items), even if they were acquired during the marriage at the expense of the general funds of the spouses; thirdly, when the property of each of the spouses can be recognized as their joint property, but again, unless otherwise established by the marriage contract.

A prerequisite in this case is the establishment of the fact that during the marriage, at the expense of the common property of the spouses or the personal property of one of them, investments were made that significantly increase the value of the said property (major repairs, reconstruction, re-equipment). When dividing property, as well as debts to third parties, their shares are recognized as equal, taking into account the interests of minor children.

The obligations of spouses to third parties may arise from contracts (civil law and labor), as a result of causing harm, as a result of unjust enrichment or committing a crime on other grounds, as well as for the illegal actions of their minor children, which caused harm to third parties.

The legislation of the Russian Federation establishes an open list of transactions that are subject to the presumption that the spouse disposing of the common property is considered valid with the consent of the other spouse.

In order to protect the rights and interests of persons who are married and do not have a marriage contract, it is necessary to limit this list by indicating only the possibility of alienation through transactions for compensation.

The personal obligations of the spouses include those that arose independently for each of them:

a) before the state registration of marriage;

b) after marriage, but in order to meet the purely personal needs of the spouse;

c) as a result of debts encumbering property that was inherited during marriage to one of the spouses (the debt of the testator), or other separate property of one of the spouses;

d) as a result of harm caused by the spouse to other persons;

e) as a result of a spouse's failure to fulfill maintenance obligations in respect of children (from another marriage) or family members;

f) from other grounds that give rise to obligations closely related to the personality of the debtor.

The general obligations of the spouses are those obligations that arose on the initiative of both spouses in the interests of the whole family (from a loan agreement, a loan agreement, the money for which was received by the spouses for the purchase of an apartment, a land plot for a family, a contract of sale, lease).

In such obligations, both spouses are debtors. An obligation aimed at meeting the needs of the family may arise from a legal relationship in which only one of the spouses acts as a debtor (for example, in a loan agreement only one spouse is a borrower), however, everything received by him under the obligation has been spent on the needs of the family.

The total debt (obligations) of the spouses may be the result of their joint harm to other persons (Article 1080 of the Civil Code), for which the spouses are jointly and severally liable to the victims. The general obligations also include the obligations of the spouses to compensate for the harm caused by their minor children (clause 3, article 45 of the UK).

In addition to the above, the grounds for the emergence of general obligations include the joint infliction of harm by spouses to other persons, the unjustified acquisition or saving of property by both spouses at the expense of another person, and other obligations that are common by virtue of law.

From the moment when persons who enter into marriage (a legally formalized free and voluntary union of a man and a woman, aimed at creating a family and giving rise to mutual rights and obligations), become spouses, personal non-property rights arise between them. Personal rights and obligations are understood as those that affect the personal interests of the spouses, have no economic content and are not of a material nature, but at the same time they are decisive, which is due to the essence of marriage as a voluntary union of a man and a woman with the aim of creating a family on the basis of equality spouses. In the RF IC, the legal regulation of the personal non-property rights of spouses is reduced to a minimum, however, this regulation needs more detailed and expanded regulation. The legal regulation of personal non-property rights is aimed at ensuring the equality of spouses in the family, creating normal conditions for the development of each of them and strengthening the family as a whole.

Personal non-property rights and obligations of spouses are a direct consequence of marriage and determine the basis of the relationship of spouses in the family. The personal non-property rights of spouses include rights that affect their personal interests. The personal non-property rights of spouses are based on the fact that they are free from any calculation, they are based on desirable and state-approved actions and deeds relating to the personal life of a husband and wife, they are closely related to the rights provided for in Art. 23 of the Constitution of the Russian Federation: on privacy, personal and family secrets, protection of one's honor and good name. The personal rights and obligations of spouses, regulated by family law, are also based on general constitutional human rights that constitute the state-legal status of an individual in the Russian Federation.

The Family Code of the Russian Federation distinguishes the following types of personal rights of spouses:

The right to free choice of occupation, profession, place of stay and residence;

The right to joint resolution of family life issues;

The right of spouses to choose their last name.

CONCLUSION

marriage divorce property law

Thus, the modern family is a product of social evolution. The era changed the era, the culture changed, the worldview and value orientations changed. Together with them, the relationship between husband and wife, the position of a woman, the attitude of parents to children, and children to parents, also changed.

The family hierarchy from a strictly vertical position gradually assumed a horizontal position. But, despite all the changes that have affected the family over the past decades, this social institution has not changed significantly and continues to be one of the most important institutions of society for a person.

It should also be noted that family law does not at all regulate the legal relations of spouses that arise between them (one of them) and a third party as a result of a transaction regarding common property, where one of the spouses participated and acquired the right to claim against a third party, namely, it remains open the question of the legal status of the spouse who did not participate in such a transaction and the legal basis for presenting any claims on his part against a third party.

REFERENCES

1. The Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993] // Rossiyskaya Gazeta. - 1993. - December 25. - No. 237.

2. The Civil Code of the Russian Federation (parts one, two, three): [Federal Law of November 30, 1994 No. 51-FZ, Federal Law of January 26, 1996 No. 14-FZ, Federal Law of January 26, 2001 No. 146 - FZ (with the latest changes and additions)]. // Collection of legislation. - 1994. - No. 32.

3. Family Code of the Russian Federation: [Federal Law of December 29, 1995 No. 223 - FZ (with the latest amendments and additions)]. // Collection of Legislation of the Russian Federation - 1996. - January 1 - No. 1. - Art. 16.

4. On acts of civil status: [Federal Law of November 15, 1997 No. 143 - FZ (with the latest amendments and additions)] // Collection of Legislation of the Russian Federation - 1997. - November 24 - No. 47. - Art. 5340.

5. On bailiffs: [Federal Law of July 21, 1997 No. 118 - FZ (with the latest amendments and additions)] // Collection of Legislation of the Russian Federation - 1997. - July 28 - No. 30. - Art. 3590.

6. On the subsistence minimum in the Russian Federation: [Federal Law of October 24, 1997 134-FZ (with the latest amendments and additions)] // Collection of Legislation of the Russian Federation - 1997 - October 27 - No. 43. - Art. 4904.

7. Zvenigorodskaya N.F. Problems of a lawsuit to invalidate a marriage contract // Russian justice. - 2010. - No. 6. - S. 121-131.

8. Kosareva I.A. To the question of the responsibility of spouses for obligations // Family and housing law. - 2010. - No. 5. - S. 21-24.

9. Kosareva I.A., Kulkov I.A. Responsibility of spouses for obligations: some issues of theory and practice // Magistrate. - 2010. - No. 1, - S. 3-6.

10. Koptsev A.N., Koptseva L.A. To the question of responsibility in family law // Family and housing law. - 2010. - No. 1. - S. 9-11.

11. Nikiforova E.I. The regime of common property of spouses. Review of judicial practice // Housing Law. - 2009. - No. 1. - S. 3-5.

12. Firyulin A.M. Property liability of spouses in the conditions of the market // Family and housing law. - 2008. - No. 5. - S. 15-17.

13. Shershen T.V. Problems of responsibility in modern Russian family law // Family and housing law. - 2010. - No. 1. - S. 11.

14. Alekseev S.S. Civil law in questions and answers: textbook. allowance / S.S. Alekseev. 2nd ed. revised and additional - M.: Prospekt, 2009. - S. 528.

15. Antokolskaya M.V. Family law: textbook / M.V. Antokolskaya. -2nd ed., revised. and additional - Ed. - M.: Phoenix 2010. - S. 432.

16. Babkin S.A. Possession, use and disposal of property in common joint ownership of the spouses: study guide / S.A. Babkin. - M.: Center YurInform, 2004. - S. 82.

17. Bondov S.N. Marriage contract: textbook for universities / S.N. Bonds. - M: B.I, 2000. - S. 67.

18. Vinogradova R.I. Samples of notarial documents / R.I. Vinogradov. - M.: B.I, 2005. - S. 352.

19. Grishin I.P. Family Disputes: Legislative Comments. Lawyer and judicial practice. Samples of statements of claim and complaints / under the general editorship of I.P. Grishin. - M.: EKSMO Publishing House, 2009. - S. 480.

20. http: // www.rg.ru - the official website of the legal system of Rossiyskaya Gazeta.

21. http: // www.garant.ru - the official website of the legal system "Garant".

22. http: // www.consultant.ru - the official website of the legal system "Consultant Plus".

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