1 general characteristics of marriage according to family law. Family law. List of used literature

abstract

on the course "Jurisprudence"

on the topic "Family law in Russia, general characteristics"

1 Introduction 4

2 Concept, subject and method of family law 5

INTRODUCTION 4

FAMILY RELATIONS 10

LEGAL CAPACITY AND CAPABILITY 11

IN FAMILY LAW 11

LEGAL FACTS IN FAMILY LAW 14

LIST OF SOURCES AND LITERATURE 28

INTRODUCTION

We use the rights studied in the course of family law extremely rarely and in specific cases, while family life constantly influences various aspects of a person's life. Therefore, family law needs to be known not only to people who are in legal marriage but also for those who are going to get married soon. In addition, marriage includes, in addition to rights, many duties, about which young people entering into marriage often know almost nothing. And the problems arising from this affect both the human psyche, and his ability to work and the people around him.

That is why I believe that it is important for a person to understand both his marital relationships and treat the family affairs of others with understanding.

CONCEPT, SUBJECT AND METHOD OF FAMILY LAW

Family law The branch of law that regulates marriage and family relations. Its norms establish the conditions and procedure for entering into marriage, determine the rights and obligations of spouses, parents and children in relation to each other.

In accordance with Article 2 of the RF IC, the subject of regulation by family law are:

conditions and procedure for entering into marriage;

termination of marriage and its recognition as invalid;

personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits provided for by family law - between other relatives and other persons; as well as the forms and procedure for placing children left without parental care in a family.

Family law regulates both property and personal non-property relations. Property relations are maintenance obligations of family members (parents and children, spouses, former spouses, other family members), as well as relations between spouses regarding their common and separate property.

Personal non-property relations are relations related to marriage and termination of marriage, relations between spouses in resolving family life issues, choosing a surname when entering into and dissolving a marriage, relations between parents and children in raising and educating children, etc.

The main functions of the family include the following:

reproductive (reproduction);

educational;

economic and economic;

recreational (mutual moral and material support);

communicative.

Thus, the family is a complex set of natural-biological, material and spiritual-psychological ties, many of which do not accept legal regulation at all and are only subject to moral regulation by society. Law acts as a regulator only of the most important points family relationships.

The method of family law is a set of techniques and ways in which family law rules affect public family relations. The method of family law is characterized as permissive-imperative. The permissibility of family law regulation lies in the fact that family law gives the participants in these relations the opportunity to act in a certain way, satisfying their needs and interests in the field of family relations(for example, the possibility of concluding a marriage contract, an agreement on the payment of alimony, etc.).

However, along with dispositive norms, there are also mandatory norms in family law (for example, norms that determine the conditions for entering into marriage, obstacles to marriage, deprivation of parental rights, adoption, etc.). The essence of family law is manifested not only through the specifics of its subject and method, but also through the basic principles (principles) of family law, which reflect the most characteristic features of this industry.

The principles of family law are the fundamental principles fixed by the current family legislation, the guiding ideas that determine the essence of this branch of law and are of universally binding importance. They are fixed in paragraph 1 of article 1 of the RF IC.

These include:

recognition of a marriage concluded only in the registry office. In accordance with paragraph 2 of article 1 of the RF IC, only a marriage concluded in the civil registry offices is recognized. Marriage concluded according to religious rites, actual marital relations do not entail the emergence of mutual rights and obligations of the spouses.

the voluntary nature of the marriage union means the right of each person entering into marriage to independently determine his chosen one, it is unacceptable for anyone to influence their will when deciding on the issue of marriage. Mutual voluntary consent of a man and a woman entering into marriage is a mandatory condition for marriage. This principle also implies freedom in dissolution of marriage, both at the request of both spouses and at the request of one of them.

monogamy (monogamy). The RF IC does not allow marriage between persons, of which at least one person is already in another registered marriage.

equality of spouses in the family. This principle follows from the provisions of the Constitution on the equality of rights and freedoms of men and women, on the freedom to choose the place of stay and place of residence, occupation, on the equality of rights and obligations of parents in relation to their minor children.

resolution of intra-family issues by mutual agreement. This principle is expressed in providing family members with the opportunity to freely determine their relationships within the family. It is specified in paragraph 2 of article 31 of the RF IC, according to which the issues of motherhood, fatherhood, upbringing, education of children and other issues of family life are decided by spouses jointly, based on the principle of equality of spouses.

a priority family education children, concern for their well-being and development, ensuring priority protection of their rights and interests. Family law establishes that children are independent bearers of family rights. The IC RF enshrined a number of rights of minors (property and personal non-property rights - chapter 11 of the IC RF). Article 54 of the Criminal Code of the Russian Federation emphasizes the right of a minor child to live and be brought up in a family, since it is family upbringing that makes it possible to carry out an individual approach to each child, taking into account the characteristics of his personality.

ensuring priority protection of the rights and interests of disabled family members. The Family Code provides for the priority protection of disabled family members (minor children, disabled people, persons retirement age), since for objective reasons they are deprived of the opportunity to provide themselves with the necessary means of subsistence. The law contains norms aimed at the implementation of this principle (the right to alimony for minor children, the obligation of adult children to support their parents, the obligation of spouses for mutual maintenance).

Russian legislation does not provide a legal definition of a family. This concept has been developed in the legal literature. A family is a circle of persons bound by rights and obligations arising from marriage, kinship, adoption and other forms of fostering children and designed to strengthen and develop family relations3.

Does not define the law and the term family member, widely used in the RF IC and other legal acts. From the analysis of the current legislation, it follows that this term is applied to persons bound by family rights and obligations. They can be persons living in the same family, members of different families, former family members, bound by property and personal non-property rights that arise from marriage, kinship, adoption and other forms of placement of children for upbringing. Relationships are created between family members.

Concept of family law means a separate branch of civil law, the legal norms of which regulate family relations, as well as personal property relations between citizens who are married or close relatives.

Family Code (primary source);
federal laws taken in accordance with the Family Code;
laws of the subjects of the federation (valid only on the territory of these subjects).

In family law, as in some other branches of law, there are basic provisions that determine the essence of this branch. They, as a rule, have a universally binding meaning, because they are enshrined in legislation. These provisions are called family law principles:

The principle of recognition of marriage. Only a marriage concluded in the registry office is recognized, other types of marriage have no legal force.
The principle of voluntary marriage (voluntary consent to the marriage of both spouses).
The principle of monogamy. If one of the spouses is already married, then this union is considered invalid.
The principle of equality (both spouses in resolving both property and non-property issues).
The principle of priority for the provision, upbringing and protection of children.
Protection of the rights and interests of disabled family members.
The principle of protecting the family by the state.

Basic concepts of family law.

Family- a small social group based on marriage or consanguinity, whose members have common domestic relations and are characterized by responsibility and mutual assistance.

Family legal relations- the type of social relations regulated by family law.

Marriage- we register with the relevant state (in most countries) bodies a family connection between people, which gives rise to their mutual rights and obligations in relation to each other.

Marriage contract(or marriage contract ) - an agreement between spouses (or persons intending to become such), which determines the material rights and obligations of a husband and wife in marriage (or in the event of its dissolution). AT Russian Federation marriage contract- an official document that must be in writing and must be certified by a notary. In Russia, a marriage contract cannot define non-property relations in the family, the rights and obligations of spouses in relation to their children, and cannot limit the legal capacity of one of the spouses. The marriage contract has legal force, and unilateral refusal of it is not possible, that is, the husband and wife can only jointly decide to change or terminate it.

Family law is an independent branch of law, which is a set of legal norms and institutions that regulate personal and related property relations arising on The subject of regulation of family law are the following relations:

1) establishment of the procedure and conditions for entering into marriage
2) rights and obligations of family members
3) personal non-property and property relations arising in connection with adoption, guardianship and guardianship, other forms of placement in the upbringing of orphans and children left without parental care in a family
4) procedure and conditions for termination of marriage
5) recognition of marriage as invalid
6) the procedure for registering acts of civil status on the basis of marriage, consanguinity, adoption and other forms of placement of children for upbringing in families.

Family law method- this is a set of methods, means, techniques that regulate relations that are part of the subject of family law. The method of family law in terms of the content of the impact on relationships is permissible. In the form of a prescription, imperative.
A characteristic feature of family law regulation is:
1) legal equality of the parties
2) autonomy of the will of the participants in family legal relations
3) strengthening of the dispositive principle in family law regulation. The subject can choose from a variety of behaviors one

2. Under the basic principles of family law, it is customary to understand the guidelines that determine the essence of this branch of law and have mandatory meanings due to their legal consolidation.

2) Principles:
1) Article 3 - protection of the family by the state. The state takes care of the family by creating conditions for economic independence and the growth of the family's well-being through a preferential tax policy, payment of state benefits, preferential loans.
2) The principle of legal regulation of marriage and family relations by the state. Only a marriage concluded in the registry office is recognized. Religious rites relating to matters of marriage and family law do not matter. It does not apply to those committed before the formation or restoration of the registry office.
3) The protection of the right follows from marriage and family relations. Protection of the right is carried out by the court, guardianship and trusteeship authority, registry offices. Self-defense of the right is allowed within the limits provided by the legislation.
4) Voluntary marriage between a man and a woman
5) Monogamy (monogamy)
6) Free divorce
7) Responsibility for raising children
8) The priority right of children (a child has the right to special, preferential, priority care both from parents and from the state. The state guarantees the protection of the rights of the child both before and after his birth
9) The priority of family education of children. All children have the right to life in a family, in the circle of parents and close relatives, to their care and attention. The family is the natural environment of the child. They enjoy special support, attention and care large families, families that have adopted orphans, children left without parental care.

Seed legal relationship- relations regulated by seed legislation. By legal nature, family relations can be personal and property. Personal (non-property) relations arise when entering into marriage and when terminating a marriage, when a spouse chooses a surname, when entering into and dissolving a marriage, when spouses resolve issues of motherhood and fatherhood, upbringing and education of children.

Property relations- relations between spouses regarding their common and separate property, maintenance obligations of spouses and former spouses, maintenance obligations of parents and children, as well as other family members.

Rights and obligations of spouses.

The rights and obligations of spouses can be divided into:

Personal, non-property nature (for example, washing clothes, visiting parent meetings, choice of surname, profession, etc.)

Property, that is, concerning the rights to specific things.

The Family Code of the Russian Federation highlights the following types 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.

To the common property of the spouses in accordance with paragraph 2 of Art. 34 of the Family Code of the Russian Federation include:

a) the income of the spouses labor activity, entrepreneurial activity and results of intellectual activity;

b) pensions, allowances and other cash payments received by them 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, and others are the personal property of the spouse);

c) movable and immovable things (residential and non-residential buildings and premises, land plots, vehicles, furniture, household appliances, etc.) acquired at the expense of the general income of the spouses; d) securities acquired at the expense of the joint income of the spouses, shares, deposits, shares in the capital, contributed to credit institutions and other commercial organizations; e) any other property acquired by the spouses during the marriage, regardless of the fact in the name of which of the spouses it was acquired or in the name of which or which of the spouses the funds were deposited. The list of income and property of the spouses, which become their joint property, is open; for example, an apartment registered in the name of one of the spouses during the marriage will be recognized as being jointly owned, in the same way as the furniture acquired by the spouses, which they used while living in this apartment.

When one of the spouses makes a transaction on the disposal of the common property of the spouses, it is assumed that he acts with the consent of the other spouse.

The property that belonged to each of the spouses before marriage, as well as property received by one of the spouses during marriage as a gift, by way of inheritance or by other gratuitous transactions (for example, as a result of privatization), is not recognized as common joint property of the spouses. This property is the separate property of each of the spouses.

The total debts of the spouses in the division of the common property of the spouses shall be distributed among the spouses in proportion to the shares awarded to them.

Family law is recognized by most lawyers as an independent branch of law. But it is closely related to civil law. Civil law applies to family relations in cases where these relations are not regulated by family law. The main source of family law is the 1995 Family Code of the Russian Federation.* It should be borne in mind that family relations are a special area of human relationships. F.M. Dostoevsky believed that three-quarters of a person's happiness depends on how relations develop in his family. Relationships in the family (such as tender loving relationships of spouses, parents and children, willingness to sacrifice their personal interests for the good loved one etc.) are so personal, intimate in nature that they are not amenable to and cannot be regulated by legal norms. At the same time, the well-being of society, and its very existence, largely depends on how expediently and successfully family relations develop (the birth and upbringing of children, their material support, measures to protect motherhood, protect children left without parents, etc.). P.). Therefore, in Family Code and other normative acts of family law regulate the basic provisions on the procedure for concluding and terminating marriage, on the rights and obligations of spouses, on the procedure for establishing the origin of children, on the mutual rights and obligations of parents and children, and on adoption.
* SZ RF. 1996. No. 1. Art. sixteen.

Family law is a set of rules governing personal non-property and related property relations arising from marriage, kinship, adoption, as well as the adoption of children in a family for upbringing. The relations of family members, settled in the norms of family law, appear before us in the form of family legal relations. In sociology, a family is understood as a union of persons based on marriage, kinship, adoption of children for upbringing, characterized by common life, interests, mutual care. In the legal sense, the family is a legal bond. The rights and obligations of family members come first. Family legal relations, like any other, are revealed most fully when analyzing their subjects, objects, content and reasons for their occurrence.
The subjects of family legal relations are family members. These are spouses (a man and a woman who entered into marriage in the manner prescribed by law), relatives (persons descending from each other, for example, father and son, or having a common ancestor, for example, uncle and nephew), adopted and adoptive parents, de facto educators and pupils, stepfathers, stepmothers, stepchildren and stepdaughters.
The objects of family legal relations are the actions of family members (for example, the actions of the father in paying alimony, the actions of parents in raising children) or things (for example, things constituting the joint property of the spouses). And the content of family legal relations is understood as the rights and obligations of family members. They may be of a non-property nature (for example, the rights and obligations of parents to raise children, the rights of spouses to determine the profession, place of residence, the rights of parents to determine the name of the child, etc.) or property in nature (the right of joint property of spouses to jointly acquired property, rights and obligations of family members to pay alimony).
The grounds for the emergence of family legal relations can be both actions and events. Examples of lawful actions are acknowledgment of paternity, voluntary actions to provide maintenance to the child, the placement of the child in school. Actions can be illegal. For example, marriage to a minor, refusal to pay maintenance to a child entails the emergence of certain legal consequences related to the protection of the interests of subjects of family legal relations. Examples of legal facts - events include the birth of a child, the fact of consanguinity, pregnancy, the material need of parents.
Marriage in family law is a voluntary, equal union of a man and a woman, concluded in compliance with certain rules in order to create a family. The procedure and conditions for concluding a marriage are provided for in the law. Thus, the conclusion of marriage is made in the organs of registration of acts of civil status. In order to conclude a marriage, the mutual consent of the persons entering into marriage and the achievement of marriageable age by them is necessary. The marriageable age is set at 18 years, in exceptional cases it can be lowered. Marriage is not allowed between persons of whom at least one is already married to another, as well as between relatives of a certain degree of kinship and those who are incapacitated.
Violation of these conditions entails the recognition of the marriage invalid by the court. Persons who have been married, recognized as invalid, do not have any rights and obligations of spouses (some exceptions are provided for by the Family Code). But the recognition of marriage as invalid does not affect the rights of children born in such a marriage.
Unlike the recognition of a marriage as invalid, the dissolution of a marriage (divorce) terminates the legal relationship between the spouses only for the future after the divorce. The dissolution of a marriage is carried out in a judicial proceeding. But in some cases, the law allows for the dissolution of a marriage in the registry office. This is possible if there is a mutual consent of spouses who do not have minor children, as well as at the request of one of the spouses, if the other spouse: is recognized as missing or incompetent due to mental illness or dementia in the manner prescribed by law; sentenced for committing a crime to imprisonment for a term of more than three years.
In the event of a divorce, the marriage ends. This means that the regime of common joint property of the spouses ceases to operate, their rights and obligations arising from marriage cease. But even after a divorce, the right of a needy disabled spouse to receive maintenance from the other spouse is preserved under certain conditions (Chapter 14 of the SC).
As part of legal relations arising between parents and children, personal non-property and property legal relations are distinguished. Personal non-property include the rights and obligations of parents and children arising in determining the last name, first name and patronymic of the child, in the implementation of actions to raise the child, protect his rights and interests, determine the place of residence of the child (Chapters 11 and 12 of the UK). The composition of property relations between parents and children includes: relations between parents and children regarding family property, as well as alimony relations.
In all these cases, legal relations arise in the presence of the provenance of children from these parents, certified in accordance with the procedure established by law. In this case, the origin of the child from parents who are married to each other is certified by a record of the marriage of the parents. The origin of a child from unmarried parents is established by submitting a joint application by the father and mother of the child to the civil registry office. If you refuse to submit such an application, it is possible to recognize paternity in court (Chapter 10 of the UK).
By general rule, property acquired by spouses during marriage is their common joint property, unless an agreement between them establishes a different regime for this property (Article 256 of the Civil Code). So, spouses can, by concluding a marriage contract, establish a legal regime of common shared or separate ownership of all property acquired in marriage (Chapter 8 of the UK). Children do not have any property rights to family property. Only in certain cases provided for by law, children may have the right to own part of this property. So, in accordance with Art. 257 of the Civil Code, the property of a peasant (farm) economy belongs to its members (including minor children) on the basis of the right of joint ownership, unless otherwise provided by law or an agreement between them. When housing is privatized, children permanently residing with their parents also become subjects of the right of common shared or joint ownership of an apartment. In addition, children may own property received by them by inheritance or as a gift, in the form of earnings, scholarships.
Section V of the Family Code regulates the maintenance obligations of parents and children. Parents are obliged to support their minor children and adults if they are unable to work and need material assistance. The law determines the procedure for establishing the amount of maintenance and forcing collection from the defendant if the maintenance is not provided voluntarily. In turn, adult children are obliged to support disabled parents who need help. The amount of participation of each of the children in the maintenance of disabled parents in need of assistance is determined by the court based on the financial and marital status of the parents and children in a fixed amount of money paid monthly.
Review questions

1. What is family law and what issues of family relations are regulated by the Family Code?
2. Define the family, list the subjects of family legal relations.
3. Define the concept of marriage in family law. What are the conditions for marriage?
4. In what cases is a marriage declared invalid? What kind legal consequences What happens if the marriage is declared invalid?
5. How is divorce carried out and what are the consequences?
6. List and briefly describe the personal non-property and property relations between parents and children.

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1. general characteristics family law

2. Procedure for concluding a marriage

3. Divorce

4. Personal and property rights and obligations of spouses

5. Rights and obligations of parents and children

6. List of used literature

General characteristics of family law

The task of family law is to protect the family, motherhood, fatherhood and childhood. It is aimed at strengthening the family, building family relationships on feelings mutual love and respect, mutual assistance and responsibility to its members, the inadmissibility of anyone interfering in family affairs, ensuring the unimpeded exercise of their rights by family members, the possibility of judicial protection of these rights.

The regulation of family relations is based on the following principles:

Recognition by the state of only a marriage concluded in the civil registry offices;

Voluntary marriage of men and women;

Equality of rights of spouses in the family;

Resolution of intra-family disputes by mutual agreement;

Priority of family education of children;

Care of the state, parents about the welfare and development of children;

Announcement of priority protection of the rights and interests of minors and disabled family members;

Prohibition of any form of restriction of the rights of citizens when entering into marriage and in family relations on the basis of social, racial, national, linguistic and religious affiliation;

Restriction of the rights of citizens in the family only on the basis of federal laws to the extent necessary to protect the morality, health, rights and legitimate interests of other family members and other citizens.

Family law establishes:

Conditions and procedure for entering into marriage;

Conditions for the termination of marriage and its recognition as invalid;

Personal non-property and property relations between spouses, parents and children;

Relationships between other relatives and other persons;

Forms and order of placement in the family of children left without parental care.

Family legislation is built, first of all, on the fundamental provisions of the Constitution of Russia.

Art. 7 of the Constitution enshrines state support family, motherhood, fatherhood and childhood.

Art. 23 of the Russian Constitution grants the citizen the right to privacy, personal and family secrets.

Art. 38 of the Constitution of Russia establishes the state protection of motherhood, childhood and family. It establishes the equal right and duty of parents to take care of their children and their upbringing. Able-bodied children who have reached the age of 18 must take care of disabled parents.

Family legislation includes the Family Code of the Russian Federation, adopted by the State Duma on December 8, 1995, federal laws adopted in accordance with it, as well as laws of the constituent entities of the Russian Federation.

If property and personal non-property relations between family members are not regulated by family law, then civil law applies, provided that it does not contradict the essence of family relations. An integral part of family law are, according to Part 4 of Art. 15 of the Constitution of Russia, generally recognized principles and norms of international law and international treaties of Russia.

Art. 16 of the Universal Declaration of Human Rights (1948) grants men and women who have reached the age of majority the right, without any restriction on the basis of race, nationality or religion, to marry and found a family. They are granted the same rights upon entry into marriage, during marriage and at the time of its dissolution.

Marriage is possible only with free and fullconsent of both, marrying, sides.

The family is the basic unit of society and has the right to be protected by society and the state.

The same provisions are actually reproduced in Art. 10 of the International Covenant on Economic, Social and Cultural Rights (1966). In particular, this article calls on states to provide special protection and assistance to the family, especially during its formation and while it bears the responsibility and care for minor children and their upbringing. These provisions are also reproduced in:

International Covenant on Civil and Political Rights - art. 23 (1966);

Convention on the Elimination of All Forms of Discrimination against Women (1981);

Convention on the Rights of the Child (1989);

nationality conventions married woman(1958).

The procedure for concluding a marriage

Marriage- it is a free, equal union of a woman and a man who have reached marriageable age, who are not married to another, concluded in compliance with the conditions and procedures established by law, and with the aim of creating a family.

The right to marry arises in the presence of the following legal facts:

The person must be at least 18 years of age, but if there are valid reasons, the authorities local government may be allowed to marry at the age of 16; the laws of the constituent entities of the Russian Federation allow a further reduction in the age for marriage;

The person must not be in another registered marriage;

It is forbidden to marry a close relative:

a relative in direct ascending (parents, children) and direct descending (grandfathers, grandmothers and grandchildren), full and half-blooded (common father or mother) brother and sister;

Marriage between adoptive parents and adopted children is prohibited;

A person should not be declared legally incompetent by a court due to a mental disorder.

Married persons can undergo a medical examination and get advice on medical and genetic issues free of charge.

The results of the examination constitute a medical secret and cannot be communicated to other persons. Information can be communicated to another person with whom marriage is supposed, only with the consent of the first person.

If the person who has entered into marriage hides from another person the presence of a venereal disease or HIV infection, the latter has the right to apply to the court with a demand to recognize the marriage as invalid.

Marriage is entered into in the civil registry offices. The rights and obligations of persons entering into marriage as spouses arise from the day state registration marriage.

The procedure for concluding a marriage requires that those entering into marriage observe two rules:

When concluding a marriage, personal presence is required;

The conclusion of marriage is appointed after 1 month from the date of submission of the application to the civil registry offices.

There are exceptions to this rule:

If there is a good reason, the civil registry authorities may allow marriage before the expiration of a month, and also increase this period, but not more than a month;

Special circumstances - pregnancy, the birth of a child, an immediate threat to the life of one of the parties and other similar circumstances give the right to register a marriage on the day the application is submitted.

If a person was denied registration of marriage, then such a refusal can be appealed in court.

Divorce

A marriage can be dissolved for the following reasons:

Due to the death of a spouse;

As a result of the court declaring one of the spouses dead;

At the request of one of the spouses or both, as well as at the request of the guardian of the spouse, recognized by the court as incompetent.

Upon divorce, restrictions are established only for the husband: he does not have the right to demand the dissolution of the marriage without the consent of the wife during her pregnancy and within a year from the date of birth of the child.

The dissolution of a marriage takes place in the registry office or in court.

In the civil registry offices, termination is carried out in the following cases:

With mutual consent to the dissolution of the marriage of the spouses, if they do not have common minor children;

At the request of one of the spouses, regardless of whether they have minor children or not, provided that the other spouse is recognized by the court as missing or incompetent or convicted of a crime and sentenced to imprisonment for more than 3 years.

The civil registry offices dissolve the marriage after 1 month from the date of filing the application for its dissolution. Former spouses are issued certificates of divorce.

All disputes arising between spouses in the event of divorce are considered in court.

Personal and property rights and obligations of spouses

Spouses are equal in family relations. They have the right to freely choose their occupation, profession, place of stay and residence.

Together, the spouses resolve issues of birth, upbringing, education of children, as well as other issues of family life.

When entering into marriage, spouses may choose a common surname, or retain their premarital surnames, or add their surname to the spouse's surname. You cannot add a surname if the spouse's surname was already double.

The property of the spouses acquired during marriage is their joint property.(Article 256 of the Civil Code of the Russian Federation). Their rights and obligations in property relations, if they run a peasant or farm enterprise, are regulated by Art. 257, 258 of the Civil Code of the Russian Federation.

Spouses' property includes:

Income of each from labor, entrepreneurial, intellectual activity;

Received pensions, as well as other cash payments of the amount of material assistance, etc.;

Movable and immovable things acquired at the expense of common income, securities, shares, deposits, shares in capital and any other property acquired during the marriage by the spouses, regardless of the name of which of the spouses it was acquired or which of the spouses made monetary contributions.

The possession, use and disposal of the common property of the spouses is carried out by mutual agreement. The spouse may demand the recognition of the transaction as invalid, provided that it is proved that the second spouse entered into the transaction, knowing that the first was against its completion.

If a transaction requires a notarization (for example, when buying a house), then you should obtain a notarized consent of the other spouse.

At the same time, spouses can own their own property. It includes property owned by each spouse before marriage, as well as property received during marriage by inheritance, as a gift and under other gratuitous transactions.

The spouse's property includes personal items, with the exception of jewelry and other luxury items.

If an investment was made into the property of one of the spouses by the other spouse during marriage, for example, a house owned by one of the spouses before marriage was rebuilt, then it can be recognized as their joint property. Reconstruction, re-equipment, repair, etc. can also be forms of investment. actions.

The division of the common property of the spouses may be carried out at the request of the following persons:

One of the spouses during the marriage and after its dissolution;

Creditor to recover the share of one of the spouses.

The division of property can be made by agreement of the spouses and notarized.

If there is no consent of the spouses to the division of property, then it is carried out in court. The court may determine specific things that are subject to transfer to each spouse. The court may recognize as the property of the spouse the property acquired by him during the period of separation.

Items purchased for minor children are not subject to division and are transferred to the spouse with whom the child remains. Contributions made in the name of children are not subject to division and are considered to belong to children.

The spouse within 3 years after the dissolution of the marriage may file a claim for the division of common property.

When dividing property, the shares of the spouses are recognized as equal. At the same time, the court may deviate from the principle of equality in the interests of the children, as well as the noteworthy interest of one of the spouses.

Rights and obligations of parentsand children

The rights and obligations of parents and children arise on the basis of the origin of the children, which is certified by the civil registry office or the court.

The origin of the child from the mother is certified on the basis of a document from a medical institution or testimony, or other evidence.

The mother's spouse is considered the father of the child. If a child was born to unmarried parents, paternity is established by filing a joint application between the child's parents or the child's father.

The origin of a child from a specific person (paternity) can be established in court at the request of one of the parents, the guardian (custodian) of the child, the person who is dependent on the child, at the request of the child himself, who has reached 18 years of age. In this case, the court accepts any evidence confirming the origin of the child from a particular person.

The father and mother are recorded as parents in the birth record book at the request of either parent.

The rights of minor children (under 18) are defined in the Convention on the Rights of the Child (1989) and Chapter 11 of the Family Code of the Russian Federation.

The child has the following rights:

For life (Article 6 of the Convention);

To a name, to acquire citizenship, the right to know one's parents, to the care of parents (Article 7 of the Convention);

To preserve their individuality, including citizenship, name, family ties (Article 8 of the Convention);

Not to be separated from your parents against their will (art. 9 of the Convention);

Freely express your views. This right is recognized for a child who is able to formulate his views. Parents, employees educational institutions are obliged to pay due attention to these views in accordance with the age of the child, his maturity (Article 12 of the Convention);

To freedom of thought, conscience and religion (Article 14 of the Convention);

To freedom of association and freedom of peaceful assembly (Article 15 of the Convention);

For personal life family life, inviolability of the home, secrecy of correspondence, honor and reputation (Article 16 of the Convention);

To access information and materials from a variety of national and international sources, especially such information and materials that are intended to promote social, spiritual and moral well-being, as well as healthy physical and mental development child (art. 17 of the Convention);

For upbringing and development by both parents (Article 18 of the Convention);

To the special protection and assistance provided by the state if the child is temporarily or permanently deprived of his family environment (art. 20 of the Convention);

To a full and dignified life in conditions that promote his self-confidence and facilitate his active participation in the life of the state (art. 23 of the Convention);

To use the most advanced health care services and means of treating diseases and restoring health (Article 24 of the Convention);

Periodic assessment of the treatment provided to the child and all other conditions for the maintenance of the child placed in care for the purpose of caring for him (Art. 26 of the Convention);

To enjoy the benefits social security, including social insurance (Article 26 of the Convention);

For education (Article 28 of the Convention);

To profess one's religion and perform its rites, to use one's native language (Article 30 of the Convention);

To rest and leisure, the right to participate in games and entertainment in accordance with age, freely participate in cultural life and arts (Article 31 of the Convention);

To be protected from economic exploitation and from performing any work that may endanger his health and serve as an obstacle to his education or damage his health and physical, mental, spiritual, moral and social development (Article 32 of the Convention);

To be protected from all forms of sexual exploitation and sexual abuse (art. 34 of the Convention);

To be protected from torture, other cruel, inhuman or degrading treatment or punishment. Neither the death penalty nor life imprisonment with no possibility of release is imposed for crimes committed by persons under 18 years of age (art. 37 of the Convention);

To receive maintenance from their parents and other family members (art. 27 of the Convention).

All rights of the child are the obligations of parents, educational institutions, the state.

Parents have equal rights and obligations in relation to their children. Parental rights terminate when children reach the age of 18 years, as well as when minor children enter into marriage and in other cases established by law.

The exercise of parental rights should not be contrary to the interests of children. Parents are legal representatives of the rights and interests of children in relation to any individuals and legal entities, in courts without special powers.

Parents can terminate parental rights subject to the following conditions:

Evasion from fulfilling the duties of a parent, malicious evasion from paying alimony;

Abuse of parental rights;

Cruel treatment of children, including the implementation of physical or mental violence against them, an attempt on sexual integrity;

Chronic alcoholism or drug addiction;

Committing an intentional crime against the life or health of one's children or against the life or health of one's spouse.

Deprivation of parental rights is carried out only in court. Parents deprived of parental rights are not released from the obligation to support their child financially. At the same time, if the parents have changed their behavior, lifestyle, then they can be restored in parental rights.

In some cases, the court may limit parental rights in the interests of the child. This is possible in the following cases:

If leaving a child with parents is dangerous for the child;

With a mental and other chronic illness of parents, a combination of difficult circumstances.

A claim for restriction of parental rights may be filed:

Close relatives of the child;

Bodies and institutions entrusted by law with the duty to protect the rights of minor children;

preschool educational institutions;

General education and other institutions;

Prosecutor.

The consequence of the restriction in parental rights is the loss by parents of the rights to the personal upbringing of the child, to benefits and state benefits established for citizens with children. But the restriction of parental rights does not relieve citizens from the obligation to support their child. In the event of a direct threat to the life or health of the child, the guardianship and guardianship authority shall have the right to immediately take the child away from the parents or from other persons in whose care the child is.

List of used literature

1. V.I. Shkatulla, V.V. Nadvikova, M.V. Sytinskaya "Jurisprudence" tutorial ed. IN AND. Skatulla, 3rd ed., revised. and supplemented, - Moscow, 2001.

2. "Jurisprudence": Textbook, ed. Doctor of Law, Professor A.V. Malko, 4th ed. stereotypical, - Moscow, 2008.

3. Klimenko S.V., Chicherin A.L. "Fundamentals of State and Law". - M., Zertsalo, 1998.

4. Commentary on the Family Code of the Russian Federation / Ed. Kuznetsova I.M. - M., 1996.

5. Nechaeva A.M. "Marriage. Family. Law". - M., Nauka, 1996.

6. Family Code of the Russian Federation. - Litera, 1999.

1 general characteristics of marriage according to family law. Family law. List of used literature

INTRODUCTION

Basic concepts of family law.

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