Marriage concept
There is no article in the Family Code that directly contains the concept of marriage.
However, based on the principles mentioned by law, the following definition can be formulated. Marriage is a union between a man and a woman, entailing the emergence of personal and property rights and obligations, based on voluntariness and equality. His goal is to create a family.
The following conclusions follow from this:
- in Russia, same-sex marriages are not registered, as well as with animals or objects;
- husband and wife are equal partners, that is, neither of them has privileges before the law;
- after the marriage is registered, the resulting property and debt obligations will be shared;
- the principle of voluntariness implies that every person has the right to marry whomever he wishes, and no one should influence this choice;
- starting a family should be a fundamental desire (not any benefits).
The concept of “civil marriage” from the point of view of the law is precisely a legalized relationship in the registry office, and not the colloquially accepted definition of “cohabitation”. And no matter how many years a couple lives together, such relationships do not give rise to legal consequences.
Definition of family
The concept of family in modern family law at the national level is not consolidated.
Modern legal researchers usually derive two definitions of family: from the point of view of sociology and from the point of view of jurisprudence. Definition 1
Based on sociological understanding, a family is considered a small social group based on consanguinity or marriage, whose members perform common economic functions, are united by mutual assistance, as well as moral and legal responsibility.
Definition 2
From a legal point of view, a family is understood as a circle of persons who are united by personal/non-property and property rights and obligations that stem from consanguinity, marriage, and adoption.
Finished works on a similar topic
- Coursework Family in family law 410 rub.
- Abstract Family in family law 250 rub.
- Test work Family in family law 250 rub.
Receive completed work or specialist advice on your educational project Find out the cost
Age required for marriage registration
The generally accepted “age of marriage” is 18 years. This is also the age of full legal capacity.
However, you can get married at the age of 16. But to do this, you must apply for permission from the local government, confirming the presence of valid reasons.
The most common reasons for lowering the marriageable age:
- Expecting a common child;
- Or his birth;
- Already established family relationships.
It is worth noting that parental approval for minors is not required.
In some constituent entities of the Russian Federation, it is possible to get married before the age of 16.
But for this you will need to submit an application to the central executive body addressed to the Governor. This can be done both by those wishing to get married and by their parents. But if there is a conflict between them, then this application will be considered only after the approval of the guardianship and trusteeship authorities.
For example, in Moscow and the region, the governor will give permission for registration provided that the bride is pregnant, has a common child, and also if there is a threat to the life of any of the future spouses.
The minimum age at which the registry office will accept an application is not established by law. But, based on the fact that the list of required documents includes a citizen’s passport, we can conclude that this threshold is 14 years.
Young people who get married before reaching the age of 18 become absolutely capable (emancipation occurs) and do not lose this status even after the divorce.
Civil Code of the Russian Federation in the regulation of family legal relations
In the Civil Code of the Russian Federation, we have already completed course work
. Laws in the legal system of the Russian Federation discuss in more detail a number of issues directly related to family legal capacity:
- definition of the concept of family legal capacity (Article 17);
- definition of the concept of family capacity (Article 21);
- establishment of guardianship and trusteeship over minors (Articles 31-40);
- invalidation of the marriage contract (Articles 169, 176-179);
- application of the statute of limitations to family relations (Articles 198-200, 202-205);
- termination and modification of the marriage contract (Articles 450-453).
Finished works on a similar topic
- Course work Family and Civil Code of the Russian Federation 410 rub.
- Abstract Family and Civil Code of the Russian Federation 260 rub.
- Test work Family and Civil Code of the Russian Federation 190 rubles.
Get completed work or advice from a specialist on your educational project Find out the cost
Family relations are also regulated by the norms contained in the Labor, Housing, Tax, Land and Civil Procedure Codes; in the Federal laws on maternity benefits, temporary disability, on guarantees of the rights of the child, on social support for children who are left without parental care and orphans, on measures of state support for families with children; in Presidential Decrees We have already completed course work
Administration of the President.
Bodies under the President, in more detail, relating to activities at the national level and of a comprehensive nature (targeted programs on the protection of motherhood and childhood, family); in the decrees of the Government of the Russian Federation On this topic, we have already completed the abstract
of the Government of the Russian Federation in more detail (about foster families, about withholding alimony, about the list of diseases that make adoption impossible, etc.).
Do you need proofreading or review of academic work? Ask a question to the teacher and get an answer in 15 minutes! Ask a Question
Right to marriage
Absolutely all citizens of the Russian Federation (subject to the necessary conditions) can be registered as spouses. This simple rule follows from the principles enshrined in the Family Code.
If applicants are denied because of their nationality, race, or religion, this will indicate discrimination, and they can go to court for protection.
Conditions and procedure for marriage
Marriage registration takes place at the civil registry office (registry office), in a formal or ordinary setting - at the choice of the spouses.
The bride and groom must be present at the wedding in person - this is a mandatory condition necessary to confirm the voluntariness of the decision.
There are situations in which a civil registry office employee will register outside the walls of the institution:
- when one of the future spouses is in the hospital or at home due to illness;
- when marriage is concluded with a citizen sentenced to imprisonment (or in custody).
The law does not provide for other reasons for exit registration.
The conditions for marriage are simple:
- persons wishing to legitimize the union act voluntarily;
- they have reached the required age;
- there are no obstacles.
Time and place of registration
The date that applicants can choose to register their marriage must be no earlier than one month and no later than twelve months after submitting the application. The newlyweds also indicate the desired time of registration (based on the working hours of the registry office). It is impossible to change them in the future without the permission of the head of the registration authority.
But there are a number of special life circumstances that speed up registration, without the expiration of a month:
- pregnancy;
- birth of a child;
- if the life and health of any of the parties is threatened.
And if necessary, you can “sign” on the day of submitting the application.
The place of marriage will be the registry office to which the spouses’ application was submitted. Newlyweds have the right to choose absolutely any registry office, without reference to the area in which they are registered.
Circumstances preventing marriage
There are a number of reasons why you can't get married
There are four circumstances in the law in which refusal to accept an application for marriage registration will be lawful:
- Any of the applicants is already officially married. This clause of the law says that the principle of monogamy operates in the country.
- Close family relationships. That is, a union between close relatives and between brother and sister (even half-siblings) is impossible. Thus, incest is prohibited by law.
- The relationship between the adoptive parent and the adopted child also cannot be legitimized. Because the state equates them to blood relatives.
- If one of the future spouses has the status of incapacitated due to a mental disorder.
A person who is unable to account for his actions and decisions cannot get married, even with the permission of his guardian. Because the voluntariness of this act will be in doubt.
Family rights and responsibilities of spouses
The rights and obligations of spouses are divided into personal and property
Personal non-property rights:
- Right to equality.
- A husband and wife have the legal right to choose their profession, what to do, and where to live. This provision departs from the constitutional principle of equality of all citizens.
- All issues related to the spouses’ children (upbringing, education, etc.) must be resolved together; no one has more privileges in decision-making.
- Relationships within the family should be based on mutual respect and assistance.
- The right to choose a surname
Spouses can leave their premarital surnames, or they can do the following with them: take the surname of the husband or wife as a common one or add the surname of another to their surname. But the latter is impossible if the premarital surname is already double.
If, while married, a person wishes to change his surname (within the framework of Article 19 of the Civil Code of the Russian Federation), then this in no way affects the surname of the spouse.
After a divorce, both parties have the right to keep their married surname or restore their previous one.
Video that talks about the rights and responsibilities of spouses:
Property rights of spouses
Property rights are divided into two types: legal regime (joint property) and contractual regime (nuptial agreement).
- Joint property is all income of persons that does not have a special purpose, received during the marriage. As well as any property purchased with this money (real estate, securities, shares in capital, etc.).
- A marriage contract defines property rights and obligations during the marriage or in the event of its dissolution. It may contain provisions relating to present and future property.
Section III. Rights and responsibilities of spouses
Chapter 6. Personal rights and obligations of spouses
- Article 31 – Equality of spouses in the family
- Article 32 – Right of spouses to choose a surname
Chapter 7. Legal regime of property of spouses
- Article 33 - The concept of the legal regime of marital property
- Article 34 – Joint property of spouses
- Article 35 – Possession, use and disposal of common property of spouses
- Article 36 – Property of each spouse
- Article 37 – Recognition of the property of each spouse as their joint property
- Article 38 – Division of common property of spouses
- Article 39 - Determination of shares when dividing the common property of spouses
Chapter 8. Contractual regime of property of spouses
- Article 40 – Marriage contract
- Article 41 – Conclusion of a marriage contract
- Article 42 - Contents of the marriage contract
- Article 43 – Change and termination of the marriage contract
- Article 44 – Invalidation of a marriage contract
Chapter 9. Responsibility of spouses for obligations
- Article 45 – Foreclosure of property of spouses
- Article 46 - Guarantees of the rights of creditors when concluding, amending and terminating a marriage contract
Legal consequences of marriage
The main consequences of registering a marriage:
- It does not matter in whose name the property is registered and who paid for it, it will be considered jointly acquired. And will be divided equally in case of divorce. Unless other rules are provided for in the marriage contract.
- Children born in marriage and three hundred days after its dissolution will be considered common, that is, the spouse will be recorded as the father of the child. To challenge this fact, a judicial procedure will be required.
- Material support.
- The spouse belongs to the first line of heirs.
Alimony can be demanded from his spouse (and ex) by the person who:
- Is disabled and in need;
- Provides care for a common child until he reaches the age of three and a pregnant wife;
- Provides care for a disabled child until he or she reaches the age of 18;
- Reached retirement age.
