Marriage contract and its appointment Presentation. Marriage contract in different countries. Marriage contract and notar
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Agreement of property ownership of property, as an alternative to the overall joint ownership of spouses, first appeared in the Civil Code of the Russian Federation on January 1, 1995. "The property acquired during a marriage is the joint property of spouses, if the contract between them is not established by other regime of this property" part 1 .p.1 Article 256. On March 1, 1996, a new Family Code was adopted (the Head of the Brand Agreement appeared). 7761.
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Suppose that Russians rarely conclude marriage contracts t. K.: Happy marriage and divorced; We are confident that you will be able to settle all disagreements without resorting to assistance; "There is nothing to share anyway", so you do not see sense to pay extra money for the services of a notary; fear to associate themselves obligations, not having clear ideas about their "tomorrow"; Cannot overcome moral barriers, feeling awkwardness, shame; Little knows that such a marriage contract is actually.
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Of the listed assumptions, you can make a primary representation on this topic. Marriage contract this document; associated with the conclusion of marriage and divorce; We are needed to avoid undesirable divorce; lies to "divide"; imposes obligations; Required by notary.
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The results of the survey on the topic: "The attitude of Russian citizens to the marriage contract" 76 respondents were interviewed. Questions: 1. What do you think you need a marriage contract for? 2. Do you think that it would be useful for you to make such a document? 3. Would you like to enter into a marriage contract in the near future? 7761.
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Answers to 1 question: "What do you think you need a marriage contract?" - Save your property; - avoid conflict in the division of property; Save good relationship with the former spouse and his relatives; - Protect your interests; - avoid nervous shocks in the division of property; - honestly divide property; - I find it difficult to answer - 2 answers. 7761.
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Answers to 2 Question: "Do you think that it would be useful for you to make such a document?" "Yes" - 3; "No" - 50; "I find it difficult to answer" - 23. Replies to 3 question: "Would you like to enter into a marriage contract soon?" "Yes" - 0; "No" - 62; "I find it difficult to answer" - 9. 7761
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Conclusion: The respondents have only a general idea of \u200b\u200bwhat a marriage contract is, since the responses contain information only about the property right and only an example of a divorce is considered; The overwhelming majority recognizes its positive value, but at the same time, only 2.28% of the respondents believe that they should be drawn up such a document; At the moment, to conclude a marriage contract ready - 0% of respondents. 7761.
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According to Art. 40 of the RF IC, "the marriage agreement acknowledges the Agreement of Persons Marriage, or the Agreement of Spouses, which defines the property rights and obligations of spouses in marriage and (or) in the event of its termination." The Russian marriage treaty determines only the property relations of the spouses (part 3 of Article 42 of the RF IC). According to Article 41 of the RF RF, the marriage contract is in writing and is subject to a mandatory notarial certificate. The concept of a marriage contract.
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Conclusion Marriage is a prerequisite. The marriage contract is a type of civil-law contracts and must comply with the requirements of the Civil Code of the Russian Federation. Provides many alternative options for determining the property rights and obligations of spouses, makes it possible to provide troubled situations in advance that may arise in the future, protect themselves from their negative consequences. 7761.
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By establishing the regime of shared property, the parties of the marriage contract are refused by the legitimate regime of shared joint ownership and establish the share ownership of individual property objects. (notarized consent of another spouse). Doluctance to specific objects on objects defined by generic signs: "The apartment located in a similar address belongs to spouses on the right of general competition, and the share of spouses is recognized as equal to" the wording: "Any-made in marriage real estate belongs to the spouses of the directional ownership, and the spouse belongs to 1/3 share in refusal acquired objects, but a spouse - 2/3 "
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This contract is drawn up in writing and necessarily notarized.
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Conditions that cannot be included in the marriage contract: Examples: Conditions limiting the ability of spouses to have civil rights and carry civil duties recognized by law (legal capacity) cannot be included in the condition that one of the spouses in the case of a divorce will have a shared apartment and will look for Another shelter (in this case, the right to housing is limited) the conditions that limit the capacity of spouses (deprivation of their opportunity to act on their own behalf and carry responsibility for this) cannot be agreed that some of the spouses will not be able to sell their personal property without the consent of another ( This is the right of each owner - to dispose of its own things at its own discretion) the conditions limiting the right of spouses to appeal to the court to contact the North Claim on the change, termination or recognition of an invalid marriage contract, to engage in entrepreneurial activities, to receive income, tolerate, and accept.
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Conditions that cannot be included in the marriage contract: Examples: Conditions regulating other non-property relations of spouses can not oblige a spouse with a divorce to change its name for prefabricated conditions, regulating the rights and obligations of spouses against children - this is also non-property relationships. It is also impossible to limit the right of another parent Cook the child after divorce the conditions that limit the right of a disabled spouse to receive the content provided by the legislation of the conditions that put one of the spouses in an extremely unfavorable position cannot be decide that in the case of a divorce, one of the spouses will not receive a penny of money and a single thing
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Signatures for slides:
Family and marriage Fomenko Julia Viktorovna Teacher of History and Social Science MKOU Tundutovskaya Secondary School Family - This is a Society Crystal (V. Gugo)
Lesson Plan The concept of family and marriage Conditions for marriage rights and obligations of spouses Marriage contract rights and obligations of parents and children Termination of marriage
Family Union of persons based on marriage, kinship, making children for the upbringing, which binds about the hasty of life and mutual support. Circle of persons related to the rights and obligations arising from a registered marriage and from kinship.
Family signs Association of marriage or related persons. Combining persons related material and moral support. Combining individuals related rights and obligations
Family Functions Economic Biological Social Reproductive Psychological
Marriage The main background of the family is legally executed, the voluntary and free alliance of a man and a woman who has the goal of creating a family and generating mutual rights and obligations.
Signs of marriage Union Men and Women Unitigal Agreement Free Union Equal Union Union Registered in the registry offices
Terms of marriage Mutual voluntary consent to marrying persons Achieving the marriage absence of circumstances of preventing the conclusion of marriage Availability of another registered marriage Availability of close kinship The incapacity of one of the spouses
Rights and obligations of spouses Personal rights and duties Equality of spouses in the family The right to choose the name, kind of classes, place of residence Termination of marriage Art. 31, 32 SC RF RF Property Rights and Responsibilities Dility Property Joint Property Art. 33-36 RF SC
Marriage Agreement Article 42 of the Family Code of the Russian Federation 1. The marriage contract of the spouse is entitled to change the joint property regime established by law (Article 34 of this Code), to establish the regime of joint, equity or separate ownership of all the property of spouses, on its individual species or the property of each of the spouses. The marriage contract can be enclosed both in relation to the existing and the future of the spouses. Spouses have the right to determine their rights and obligations on mutual content in the marriage agreement, ways to participate in each other's income, the order of carrying each of them of family spending; Determine the property that will be transferred to each of the spouses in the event of a marriage termination, as well as include any other provisions in the marriage contract regarding the property relations of the spouses. 2. Rights and obligations provided for by the marital contract may be limited to certain terms or to be addicted to the offensive or on the no occurrence of certain conditions. 3. The marriage contract cannot limit the legal capacity or legal capacity of the spouses, their right to appeal to the court for the protection of their rights; regulate personal non-property relationships between spouses, rights and obligations of spouses against children; provide for provisions that limit the right of a disabled needy spouse to obtain a content; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family legislation.
Rights and obligations of parents parents have equal rights and obligations regarding their children. Parents have the right and duty to raise their children. They are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, moral and spiritual development of their children. Parents' duty to ensure the receipt of general education children. Protection of the rights and interests of children is assigned to their parents.
Rights and obligations of children Right to life right to the name, last name, patronymic right to live and brought up the right to communicate with relatives The right to educate the right to defense Art. 54-60 SC RF
Termination of marriage in the registry office in court If there are no minor children, with mutual agreement. According to one of the spouses, if another spouse: - recognized as missing; - recognized by the court incapacitated in the presence of general minor children with property disputes of Art. 21-23 of the SC of the Russian Federation Art. 18 of the RF IC
Consolidating the studied solution of situational tasks 1. Young spouses Svetlana and Igor, married, swore each other in loyalty for life. It is never to dissolve the marriage and accompany each other for life they recorded on paper and, covering the signatures, put in a box with family values. A year later, Igor, having arrived from vacation, which he spent on the sea, admitted that he loved another woman. Svetlana said she would have agreed to divorce if they had not concluded an agreement never to terminate the marriage. Allow this situation. 2. Nikolaev, whose wife died, and Koreshkov, terminated with his husband, decided to make marriage. After that, they mutually adopted children who belonged to each of them before marriage. They did not have joint children. The growing daughter of the root and son of Nikolaev fell in love with each other and, when she turned 18, and he was 19 years old, applied to the registry office. Can they register marriage?
Fastening the studied 1. The sailor, who was in a 9-month swimming, found out from the telegram from his beloved that they would have a child. At the same time she asked to answer, whether he agreed to the conclusion of marriage. He answered the telegram that I agree. Having collected the necessary documents and attaching a telegram, certified by the captain of the ship, the future mother came to the registry office and, explaining the situation, requested the marriage to register. She was denied her request. Is the registry office act legitimately? 2. A graduate of the Sociological Faculty of Moscow State University, who ended the university with honors, and, who manifested himself in scientific work, was aimed at an internship in the United States for 2 years. His young wife was opposed, stating that his departure to the internship would mean the collapse of the family. Is she right? Can she ban her husband to go to the USA? Can she in case of a divorce indicate a husband's trip to the USA as a cause of family breakdown?
Homework: Let's try to draw a model of an ideal family. What do you think, is it necessary for the family to become a source of happiness? Write a small essay about it.
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Presentation on the topic "Marriage Treaty" can be downloaded absolutely free on our website. Project subject: different. Colorful slides and illustrations will help you interest your classmates or audience. Use the player to view the contents, or if you want to download the report - click on the appropriate text below the player. Presentation contains 7 slide (s).
Slides presentation
Slide 1.
Marriage contract
The marriage contract or, as it is also called, a marriage contract is relatively new to our citizens. The conclusion of the marriage contract is provided for in paragraph 1 of Article 256 of the Civil Code of the Russian Federation, and the compilation of a marriage agreement - chapter 8 of the Family Code of the Russian Federation
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The marriage contract is an agreement on marriage, or the agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of a marriage termination. Unlike civil-legal contracts, the marriage contract (contract) lies in the personal presence of both parties and cannot be concluded through the representative
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Conclusion of marriage contract
The marriage contract can be enclosed both before the state registration of the conclusion of marriage, and at any time during the marriage. The marriage contract concluded before the state registration of marriage's conclusion, comes into force on the day of state registration of marriage. The marriage contract is in writing and subject to a notarial certificate.
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Spouses have the right to determine their rights and obligations on mutual content in the marriage agreement, ways to participate in each other's income, the order of carrying each of them of family spending; Determine the property that will be transferred to each of the spouses in the event of a marriage termination, as well as include any other provisions in the marriage contract regarding the property relations of the spouses. The rights and obligations provided for by the marital contract may be limited to certain periods or are addicted to the offensive or from the untezzlement of certain conditions. The marriage contract cannot limit the legal capacity or the capacity of spouses, their right to appeal to the court for the protection of their rights; regulate personal non-property relationships between spouses, rights and obligations of spouses against children; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family legislation.
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Change and termination of the marriage contract
The marriage contract may be changed or terminated at any time by agreement of spouses. Agreement on the change or termination of the marriage contract is performed in the same form as the marriage contract itself. One-sided refusal to execute a marriage contract is not allowed.
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Recognition of the marriage contract invalid
The marriage contract may be recognized by the court internally or partly on the grounds provided for by the Civil Code of the Russian Federation to invalid transactions. The court may also recognize the marriage contract invalid or partially at the request of one of the spouses if the terms of the contract put this spouse in an extremely unfavorable position.
Why do you need a marriage contract? First, in this way you can protect your property rights. Secondly, it is an opportunity to maintain good relationships between spouses even after termination of marriage. Very often, the former spouses, starting with the Delay, forget about children, loved ones, about their dignity, in the end. Thirdly, it is one of the ways to check the feelings of spouses, will exclude the possibility of "marriages for the calculation", etc.
The emergence of a marriage contract. Why in Russia still many are poorly imagining that such a marriage contract and what is they eating? Perhaps the reason for this - later its appearance; Under Soviet power, there was no private property that, naturally, "prevented" the emergence of a marriage contract. In Western countries, specifically, England, the marriage contract appeared where earlier, and now finally came to us. It follows from this that all the benefits and disadvantages of the marriage contract will have to know exactly our generation.
Terms of marriage contract. The marriage contract cannot limit the legal capacity and capacity of spouses, i.e. contain provisions that infringe the right of one of the parties to work, choosing a profession, obtaining education, freedom of movement, etc. The marriage contract is only about the property relations of the spouses. This means that it is impossible to oblige spouses to love each other, keep married faithfulness, not to abuse alcoholic beverages, etc. Spouses cannot marital agreement to regulate their rights and obligations against children. For example, to install, with whom, the child will remain in the case of the divorce, and what will be the order of communication with him.
The marriage contract cannot contain the conditions that put one of the spouses in an extremely unfavorable position. For example, if the marriage contract provides that all property acquired during the marriage and income becomes the property of one spouse. Also, a marriage contract cannot contain restrictions on such issues as the voluntaryness of the marriage union, the equality of spouses, care for the welfare and development of children. The marriage contract can be concluded both before registration of marriage and during marriage. The marriage contract concluded before marriage begins to act since marriage registration. There are no temporary restrictions on the conclusion of the contract and registration of marriage. The contract concluded during the marriage - since its notarial certificate. Notarized certificate of the marriage contract - necessarily!
The acceptance of the marriage contract in Russian society. In order to best describe the problem of the acceptance of this contract in Russian society, I conducted a survey among my peers and relatives. Questions were for all the same: "Would you enter into a marriage contract when marriage / consisting in marriage?" "How would you convince your spouse / spouse about the need for this?"
Almost all the answers were positive; Only the highest members of my family were spoken against him, poorly imagining his meaning, and 2-3 of my friends who were not interested in marriage. As arguments "for" the conclusion of the contract was named almost all the arguments called by me at the beginning of work. - business in the future; -Theliness in the spouse; - Business in feelings and their freedom. In all the answers, at least once the word "confidence" sounded, which clearly reflects the very essence of the marriage contract.
Conclusions. The relevance of the marriage contract today is obvious. Confidence is needed to every person; Confidence in your loved ones, in your future and present. For the best entertainment by people of the marriage contract and the awareness of all of its advantages, it is necessary to first give complete, comprehensive information on the contract of marriage. Without a complete understanding of the terms of the contract, without information about him, a person overwhelm doubts about whether it is not deceived, actually, is there any such contract?
In any case, if a desire arose to conclude a marriage contract, it is worth drawing to the compilation of a competent specialist in the family right. It clearly exists its developments in this area. You can jointly develop the optimal conditions for the marriage contract, which, given all your requirements, Niv Koya Extent will not insult your future spouse (spouse) in conclusion I want to say that the opportunity to gain confidence in feelings and freedom can save many marriages, and will also reduce the number of so-called fictitious marriages.
