Marriage as a central institution of civil law. Marriage as an institution of family law. marriage contract. Termination of an employment contract

Marriage is an institution of law (part of the branch of family law), including legal norms that fix and regulate personal and property relations that arise in marriage. These are relations between spouses, relations between parents and children, the procedure and conditions for entering into marriage and terminating it, etc. , derived from personal relationships character. Between spouses and other family members there are many different personal relationships, the content of which they determine themselves. The spiritual and physical side of marriage, the spiritual side of parental relationships - all these relationships are not regulated by law. Only a part of them is covered by legal regulation, as a rule, material relations acquire a legal norm, while moral aspects are outside the scope of regulation of law.

In the Russian Federation, only secular marriage is recognized, i.e. marriage concluded in the registry office.

Marriage relations are relations in which the parties are bound by mutual legal rights and obligations protected by the state. In an unregistered marriage, family relations do not give rise to legal consequences. Marriage relations are divided into personal and property. Personal relationships include relationships about: marriage, choosing a surname upon marriage, choosing a profession and place of residence, etc. Property relationships include relationships about: possession, use and disposal of property jointly acquired by spouses, obligations for the mutual maintenance of spouses and etc. Marriage is concluded in the state registry offices (ZAGS), by mutual consent of the persons upon reaching the age of marriage (18 years). Marriages are not allowed: between persons of whom at least one is already married; between relatives in a direct ascending and descending line, between full and half brothers and sisters, between adoptive parents and adopted children; between persons declared legally incompetent by the court. The rights and obligations of spouses arise only upon marriage in the registry office. Marriage is terminated in the event of the death of one of the spouses or is declared dead by a court; through divorce. A marriage can be declared invalid in case of violations of the terms of the law in a judicial proceeding. Property acquired by spouses during marriage is their common joint property. Spouses have equal rights to own, use and dispose of this property, even if one of them does not work.

There are two points of view on marriage as an institution of family law:

many believe that marriage cannot be classified as contractual law, but as a special kind of institution;

others believe that marriage arises on the basis of a legal act made with the intent to give rise to legal consequences, which allows us to consider marriage as a kind of civil contract.

Recognition of the contractual basis of marriage in no way diminishes its ethical significance. Marriage certainly plays a non-legal role as well; it can be seen as an oath before God or as a moral obligation. But this lies outside the legal realm. The same can be said about the dissolution of marriage, if we consider marriage as a civil contract, then divorce is the termination of this contract.

Spouses and other family members have always been given the right to conclude any civil contracts among themselves. At present, with the introduction of the institution of a marriage contract, spouses have received the right to conclude an agreement aimed at changing the regime of marital property, the issues of providing spouses with funds for the maintenance of each other. A marriage contract as an institution of law presupposes a special composition of subjects: they can only be spouses. Since 1995, a number of norms of the Civil Code and since March 1, 96 the Family Code have come into force, providing for the possibility of concluding an agreement (marriage contract) between spouses. The contract concluded between a man and a woman comes into force after the registration of marriage. Spouses may enter into agreements during the existence of the marriage. In cases where the spouses decide to determine their property status, being already married, the agreement comes into force from the moment of the written execution of the contract and notarization. In the contract, the husband and wife may provide for shared ownership of the property acquired during the marriage. Spouses may also agree that the property acquired by each spouse is his property. The Family Code, in principle, does not limit the range of issues that can be settled with the help of a marriage contract. There are restrictions in Article 42 (2) of the Family Code in the marriage contract, it is impossible to limit the legal capacity of the spouses, including their right to apply to the court for the protection of their rights, and establish any conditions that put one of the spouses in an extremely unfavorable position or contrary to the basic principles of family law. A marriage contract can not only be concluded at any time during marriage, but also terminated by agreement of both spouses. An agreement to amend or terminate a marriage contract is also made in writing and is subject to notarization. Unilateral refusal of a marriage contract is not allowed by law, disputes are resolved in court.

Job number:

Year added:

Workload:

§ 1.1 CONCEPT, LEGAL NATURE AND SOCIAL
PREREQUISITES FOR THE CONCLUSION AND DIVISION OF MARRIAGE.
PRINCIPLES OF THE LEGAL REGULATION OF THE CONCLUSION
AND DIVORCE OF MARRIAGE .............................................. ...............................................6

§ 1.2 FORMATION AND DEVELOPMENT OF LEGISLATION ON
MARRIAGE AND DISSOLUTION IN RUSSIA..................................................................11

CHAPTER 2. GROUNDS, PROCEDURE AND LEGAL
CONSEQUENCES OF MARRIAGE AND DIVORCE IN RUSSIA

§ 2.1 RULES AND PROCEDURE FOR MARRIAGE IN
COMPLIANCE WITH RUSSIAN REGULATIONS
LEGISLATION ............................................... ................................................. ..16

§ 2.2 DIVORCE IN THE SYSTEM OF TERMINATION GROUNDS
MARRIAGE. FEATURES OF DIVORCE OF MARRIAGE IN
ADMINISTRATIVE AND JUDICIAL ORDER .............................................................. ..20

§ 2.3 INSTITUTE FOR RECONCILIATION OF SPOUSES
LEGISLATION OF THE RUSSIAN FEDERATION ............................................... ...............................................23

§ 2.4 LEGAL CONSEQUENCES OF CONCLUSION AND TERMINATION
MARRIAGE .............................................. ................................................. ...............................26

CHAPTER 3. JUDICIAL PROTECTION OF RIGHTS AND INTERESTS OF MEMBERS
FAMILIES IN THE EVENT OF DIVORCE OF MARRIAGE IN THE RUSSIAN FEDERATION

§ 3.1 SUBSTANTIVE AND PROCEDURAL
GUARANTEES FOR PROTECTION OF RIGHTS AND INTERESTS OF MEMBERS
FAMILIES AT DIVORCE OF MARRIAGE.................................................................. .........................thirty

§ 3.2 GUARANTEES FOR THE PROTECTION OF RIGHTS AND INTERESTS
MINOR CHILDREN IN DIVORCE PROCEEDINGS .........35

CONCLUSION................................................. ................................................. ...............38

BIBLIOGRAPHY................................................ ...............................................40

Excerpt from work:

Some abstracts from the work on the topic Marriage as an institution of family law in Russia
INTRODUCTION

Relevance of the research topic. Marriage is the most efficient and comprehensive way to start a family. It is constantly changing with a progressive direction, despite the many statements about its crisis. Marriage is a special organization of people's life activity, which corresponds to the essence of human nature and society. Marriage is not only, and not so much a biosocial union of a man and a woman in order to realize the reproductive function, but also a rather complex mechanism of interaction and life of people, which is under the control of the state. Throughout the entire stage of the formation and historical development of society, marriage has been and remains not so much a form of satisfying a person’s need for children, and the basis for parenthood (it is possible to give birth to children and be parents without marriage), but a form of family connection between two people who have reached marriageable age, and generating mutual rights and obligations, which makes this form of coexistence an area in which the state has the right to intervene. Especially when it comes to the rights of minors and minors.
..........
CHAPTER 1. CONCLUSION AND TERMINATION OF MARRIAGE AS LEGAL PHENOMENA IN RUSSIA
§ 1.1 CONCEPT, LEGAL NATURE AND SOCIAL PREREQUISITES FOR CONCLUSION AND DISSOLUTION OF MARRIAGE. PRINCIPLES OF THE LEGAL REGULATION OF THE CONCLUSION AND DISSOLUTION OF MARRIAGE

The institution of marriage is central in the science of family law, but this circumstance did not affect the emergence of a definition of marriage. To date, there is no such definition. This phenomenon was studied by scientists in the works, as well as in separate articles.
The essence of marriage has been and is still being considered in three ways: as a sacrament, as a contract, and as an institution.
The first understanding of marriage is more of a religious nature than a civil one, in connection with which they define marriage as a sacrament or union, especially this understanding of marriage was widely used in the pre-revolutionary period. Within the framework of the canonical understanding, marriage is a close relationship, closer communication between husband and wife in terms of physical, religious, legal, economic, moral.
The content of understanding marriage as a specific institution is determined by the separation of marriage, and the corresponding legal relations that follow from this, which have their own special character and nature, in contrast to the fact that produces it.
......

The presented educational material (by structure - Theoretical coursework) was developed by our expert as an example - 01/15/2017 according to the specified requirements. To download and view the short version of the term paper, you need to follow the link "download demo ...", fill out the form and wait for the demo version, which will be sent to your E-MAIL.

If you have a "LONG DATE" - fill out the form, then dial us at the hotline, or send an SMS to tel: +7-917-721-06-55 with a request to urgently consider your application.

If you are interested in help in writing your work, according to individual requirements - it is possible to order assistance in developing the topic presented - Marriage as an institution of family law in Russia ... or similar. Our services will already be covered by free revisions and support until defense at the university. And it goes without saying that your work will be checked for plagiarism without fail and guaranteed not to be published early. To order or estimate the cost of individual work, go to

The proximity of kinship is determined by establishing the degree of kinship.

The degree of relationship is the number of births between two persons who are related. When counting the number of births, the birth of the ancestor himself is not taken into account.

(p) Mother and son - the first degree, grandmother and grandson - the second degree.

Kinship is given legal significance, property should be distinguished from it.

Property - the relationship between relatives of one spouse (mother-in-law, son-in-law, stepson, stepdaughter, stepmother, stepfather) or relatives of both spouses (father of the wife, father of the husband).

Property is not regulated by law, with the exception of cases expressly provided for by law (in the UK, property between a stepmother and stepdaughter, stepson is included in the actual composition that gives rise to maintenance obligations).

Husband and wife are neither relatives nor in-laws, they are in a special legal relationship - matrimony.

Theme 3

Marriage as an institution of family law

3) The concept of marriage and its essence

4) Marriage

2.1 Procedure and conditions for entering into marriage

2.2 Circumstances preventing marriage

3) Termination of marriage

4) Invalidity of marriage

The concept of marriage and its essence

Marriage is a complex institution and its definition would inevitably be incomplete and could not cover all the existing signs of marriage that lie outside the law (Ryasentsev).

Marriage can be defined as a monogamous, voluntary and equal union of a man and a woman, concluded in compliance with the procedure established by law, aimed at creating a family, giving rise to mutual personal and property rights and obligations between the spouses.

From this definition, the following features can be distinguished:

1) Equality - is on an equal footing. There is no discrimination on any grounds.

2) Voluntariness

3) Monogamy - the union of one man and one woman.

4) The purpose of the union is to create a family. If the marriage is created for other reasons, there is reason to recognize it as invalid.

5) Such an alliance, which is concluded in compliance with the rules established by the state (only in the registry office).

All these signs characterize the essence of marriage.

The historical essence of marriage: three main legal theories can be distinguished here explaining the legal nature of marriage.

The theory of contract

The Theory of Mystery

ü Understanding marriage as an institution of a special kind.

1. Contract theory

In ancient Rome, historically the first. All major forms of marriage were worn as signs of a simple civil transaction. This is explained by the fact that only the property content of marital relations was regulated by law.

2. Theory of the sacrament

With the development of society, family relations began to be regulated by religious norms and marriage was given the character of a mystical sacrament (marriages are made in heaven). The ethical, physical elements of marriage have fallen into the scope of regulation. For that period of time, this approach was justified.

3. An institution of a special kind

The historical development of society has led to the fact that instead of religion, and sometimes along with it, ethical ideas about marriage have come. You can regulate what can be directly regulated. At the same time, marriage is not considered either as a sacrament or as an institution of a special kind (Zaigorovsky, Shershenevich, Ioffe).

The procedure and conditions for concluding a marriage

Art. 10 UK: only a marriage concluded in the registry office is recognized as valid on the territory of the Russian Federation. That is, only a registered marriage has legal significance - according to the legislation of the Russian Federation, neither church marriages, nor marriages concluded according to local customs or national rites have legal significance. These marriages do not give rise to rights or obligations.

Exception: at present, the UK provides the possibility of recognizing church marriages if they were concluded in the occupied territories of the USSR during the Second World War before the restoration of the registry office in these territories. These marriages do not need subsequent state registration (clause 7, article 169 of the UK).

As you know, Russian legislation does not define marriage, which, notes L.M. Pchelintsev, it is quite natural, since a negative approach to the normative consolidation of the concept of marriage was typical for a long time for the previously existing family legislation in Russia, including the three previous marriage and family codes of the post-revolutionary period.

Returning to modern family law, we can state that the physical element of marriage and, accordingly, the presence of joint children or the possibility of having joint children are not mandatory.

One way or another, the state assumed the obligation to protect marriage and, one might say, the obligation (and at the same time the right) to legitimize marriage through its state registration, so, according to paragraph 2 of Art. 1 of the Family Code of the Russian Federation recognizes a marriage concluded only in the civil registry offices (hereinafter - the registry office). Without state legitimation of marriage between a man and a woman, neither the legal status of spouses, nor the regime of common joint ownership of property, nor any other legal consequences arise. Even a marriage concluded in a church is not legally significant, since according to the Constitution of the Russian Federation, Russia is a secular state. But what should be understood by marriage in the legal sense? The definition of marriage as a union of a man and a woman registered in the registry office in compliance with the established conditions is obviously not enough, if only because, when resolving the issue of fictitious marriage, the court cannot proceed from the fact that since the marriage is registered in compliance with the conditions provided for by law, it means , it is valid.

G.F. Shershenevich noted that the definition of marriage in the legal sense as a union of a man and a woman for the purpose of cohabitation based on mutual agreement and concluded in the prescribed form, as a whole, contains the entire set of conditions under which cohabitation of persons of different sexes acquires a legal character, that is, entails all the consequences of legal marriage. However, the modern RF IC does not contain an indication of cohabitation as an obligatory element of marriage.

Thus, considering various conceptions of marriage, we will find certain shortcomings in them, and none can be ideal. The reason lies in the fact that family and marriage, in addition to being social phenomena, are also purely individual. In the family and marriage there are spiritual and natural principles that cannot be regulated by the law of a secular state. As M.V. Antokolskaya, in a modern pluralistic society, it is impossible to impose common ideas about marriage on all its members. Therefore, the law, based on moral norms, should cover only that sphere of marital relations, which, firstly, is amenable to legal regulation, and secondly, needs it.

There is no single concept of marriage either in scientific works or in family law. The state can only say through negation that it is not a marriage, while the legislator and the court are guided by such principles as the monogamy of the union of a man and a woman, freedom of marriage, equality of spouses, commission in the manner and form established by law.

The understanding of marriage as an institution of a special kind arose from the separation of marriage and the legal relationship arising from it, which has a different legal nature than the legal fact that gave rise to it. O.A. Krasavchikov noted that the legal state of marriage and other similar states “should be classified as nothing more than legal relations, a characteristic feature of which (unlike most civil law obligations) is relative stability. It is no coincidence, for example, that in the literature of family law, the state of a person in marriage until now has been considered and is now considered as a marriage legal relationship that arises due to legal facts. In this case, the legal fact should be understood as the registration of marriage. The very registration by the registry office is an administrative act, the legitimization of relations, which gives rise to the emergence of legal relations between spouses. Such legal relations represent an institution of a special kind, which includes property, inheritance and even non-property relations. Indeed, marriage legal relations are not reducible to any single civil law institution; they can combine elements of many civil relations, such as relations of representation, property, alimony, etc. It should not be forgotten that the marriage relationship as a relationship regulated by the rules of law does not include many spiritual aspects that take place in the life of spouses. This is not limited to marital relations.

The theory of marriage as a contract, according to some modern authors, for example, M.V. Antokolskaya, dates back to the law of Ancient Rome, where all the main forms of marriage bore signs of a civil law transaction. Canonical law sees in marriage at the same time a sacrament and an agreement, modern civil law - a complex legal transaction. Roman law, on the other hand, considered marriage as an actual state of things (res facti), although it entailed the most important legal consequences. Roman marriage, by its very nature, leaves the solemn act unattended. It arises and exists insofar as, in fact, there are two fundamental elements: cohabitation (objective demand) and conjugal love, maritalis affectio (subjective demand), therefore, in the absence of one of these moments, the marriage ends.

From the foregoing, it is clear that the signs of a civil law transaction were not inherent in all forms of Roman marriage, as M.V. Antokolskaya. Although some of them, perhaps, had such signs at some period.

In Russian pre-revolutionary science, there was an interesting theory of peasant marriage, the so-called artel theory, according to which it was believed that consanguinity in a family does not form its basis, but is an element of chance, the position of the head of a peasant family is nothing more than the position of the manager of the common economy, more precisely - artel headman. At the same time, all family property does not belong to the head of the family personally, but to all family members jointly as shareholders in common joint property, and the rights of such shareholders are based not on consanguinity, but on the personal labor of each and, moreover, in the amount of actual participation. This view makes us consider the family and marriage as something like a contract, a property transaction. This position was held by many Russian scientists, such as Orshansky, Efimenko, Matveev.

The essence of marriage as a property transaction was explained by the fact that marriage produces the transfer of a certain value from the hands of the bride's parents to the hands of the groom, while the value was understood as the woman's labor force. Thus, marriage is a contract of sale for the acquisition of labor and other property as the means of the family economy.

Later, the theory of marriage arose as a contract between the spouses themselves, and not between the groom and the bride's parents. However, a fairly large number of scholars have criticized and criticize such a contractual theory of marriage. In support of their objections, it is often argued that a contract cannot give rise to a marriage relationship, since a contract is always something temporary, relating to property, and marriage covers all human life and is terminated by the death of spouses or the loss of mutual love and respect. However, here one should agree with M.V. Antokolskaya, who correctly notes that the disadvantage of such arguments is the transfer of ethical ideas about marriage to the field of law. "Law," writes M.V. Antokolskaya, "of course, must be built in accordance with the ethical ideas of its era. But law cannot include ethical norms."

Nevertheless, the assertion that the law regulates property relations between spouses does not yet give grounds to say that marriage is a civil law contract. Externally, marriage falls under Art. 420 of the Civil Code of the Russian Federation (CC RF) that an agreement of two or more persons on the establishment, change or termination of civil rights and obligations is recognized as a contract. Of course, a man and a woman who have entered into a marriage union establish, change and terminate certain civil rights for themselves. However, when entering into marriage, future spouses do not stipulate the rights and obligations that should arise by virtue of such an agreement, i.e. do not establish the content of the contract, and yet such rights and obligations do arise, but arise automatically by virtue of law. At the same time, it is extremely doubtful to say that the spouses, entering into marriage, had in advance the goal of acquiring all the stipulated rights and obligations and on this basis to build a contractual theory of marriage. If we follow this concept, then the statement of paternity of a man who is not the husband of the mother of the child is a civil law contract between the father and the child (represented by the mother of the child, who consents to such an entry, which follows from the obligation to sign a statement of paternity jointly with the mother - Article 51 of the RF IC), according to which the father assumes the obligation to support and educate the child, and the child, upon reaching the age of majority, undertakes to support the disabled father. But it is obvious that such a statement cannot be considered a contract, but is only a legal fact that gives rise to the corresponding legal relationship. Otherwise, we will have to interpret a significant number of actions as civil law contracts or unilateral transactions.

In addition, the following justification can be given to deny the concept of marriage as a contract. Neither the maintenance of a common household, nor the birth of children is an obligatory element of marriage. In this case, what can be called the subject of such an agreement? It is obvious that this contract has no subject, which excludes the very possibility of its existence.

So, given the above, it should be concluded that marriage is not a contract. At the same time, the registration of marriage itself is an administrative act, and the resulting marriage relationship is an institution in which there are elements of many civil law institutions.

marriage property civil legal contract

Introduction

Theoretical part

Marriage as a social phenomenon

Marriage as a legal institution

Practical part

Conclusion

Bibliographic list

Introduction

The first form of family relations appeared in the era of savagery and was a group marriage, in which marriage relations are established between a specific group of men and women. However, the sexual community at an early stage of primitiveness is gradually dying off, as various restrictions and prohibitions appear on its way. For example, the age ban and the ban on incest. The circle of persons covered by marriage, due to prohibitions, is gradually narrowing down to a paired family, which has become the main model of marriage relations in Europe and America. Without exaggeration, the institution of marriage can be called a key one in the science of family law. Marriage is closely related to the concept of the family and is its basis. In Art. 1 of the Family Code of the Russian Federation (hereinafter referred to as the RF FC) proclaims that the family is under the protection of the state, and that the regulation of family relations is carried out in accordance with the principles of voluntary marriage between a man and a woman and equality of rights of spouses in the family. Of course, at all times the institution of marriage was given special attention not only by the state, but also by society. The legal and social nature of this institution is of interest to researchers at the present time.

The object of this study is the institution of marriage in Russian family law. The subject of the study is the norms of Russian family law, scientific and educational literature on the topic under study. The aim of the work is to analyze the institution of marriage in Russian family law. To achieve this goal, the following tasks are formulated:

analysis of marriage as a social phenomenon

study of marriage as a legal institution.

Practical part

. Marriage as a social phenomenon

Marriage is primarily a product of society and is a social phenomenon. Basically and in its most general form, marriage should be understood as a historically determined union between male and female persons, through which relations between the sexes are regulated and the position of the child in society is determined.

M.V. Krotov emphasizes that, as a rule, a monogamous or polygamous marriage model is chosen by one or another state on the basis of historical traditions, religious and other ideas prevailing in society.

A.I. Zagorovsky singled out the following elements that make up marriage as a multilateral institution. Marriage (among the cultural people) contains the following elements: firstly, the natural (physical) element, sexual - the physiological attraction of individuals of different sexes to each other, embedded by nature in a person along with other animals; secondly, the moral (ethical) element, which consists in the mutual moral affection of the spouses, in the communication of their inner, spiritual world; thirdly, economic, generating an economic connection, by virtue of which a common household of a husband and wife arises; fourthly, the legal element, by virtue of which marriage is the source of a certain legal status of persons mutually related by matrimony, and gives rise to mutual rights and obligations for them, and fifthly, the religious one, subordinating marriage to the rules of religion: no religion is indifferent to marriage, and especially the Christian one.

In a religious sense, marriage is a mystical union, a sacrament, or, as A.I. Zagorovsky, the most complete communication between a man and a woman.

Marriage is a way of regulating sexual relations in society from promiscuity to egalitarian union. There is an opinion that "the survival of people as a species and evolutionary progress became possible only thanks to a unique combination of sexual and reproductive behavior." Undoubtedly, the most important factor in the socialization of people is precisely the regulation of relations between the sexes. The formation of human society assumed the curbing of the basic animal instinct - sexual, the establishment of special forms of relations between a man and a woman, which include marriage and family. From the unrestricted instinct of reproduction, the social characteristics of human life were derived. In all historical eras, marriage has been universal in nature, since there is something more in human marriage, rooted in the deepest essence of human nature and society, combining economic and sexual (reproductive) together. Throughout human history, marriage has been a social foundation that gives rise to relations not only of marriage, but also of parenthood.

Marriage is a unique form of satisfying a person's need for children (in its continuation), and for humanity as a whole, it is the main way to simply reproduce the population. The demographic function is the main and specific function of marriage as a social organism. V.V. Yarkov pointed out that marriage is the basis of the family, the purpose of which is primarily to raise children and take care of their future, which cannot but affect the interests of modern society. That is why the conditions for entering into marriage, the grounds for its dissolution cannot be considered a private affair of the spouses themselves. When they get married, they take on certain responsibilities, the main of which is the upbringing of children. This is the public interest in the name of which the state reserves the right to interfere in this sphere of human life.

. Marriage as a legal institution

Returning to modern family law, we can state that the physical element of marriage and, accordingly, the presence of joint children or the possibility of having joint children are not mandatory.

marriage property civil legal contract

Practical part

After the divorce of the Saprykins, the ex-husband fell seriously ill, and being bedridden, was in the care of his mother. The ex-wife decided to remarry and brought their child Alyosha to her father to be raised, saying that the son reminds her of her ex-husband, whom she hates. Despite the objections of Saprykin and his elderly mother about the possibility of raising a child, the ex-wife threatened that if they returned Alyosha, she would kick him out into the street. Leaving his son with him, Saprykin could not pay him due attention. The boy began to make his way and wander. Is it possible in this case to raise the question of depriving Saprykin of parental rights?

Art. 69 provides an exhaustive list of grounds for deprivation of parental rights, namely, parents (one of them) may be deprived of parental rights if they:

evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;

refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from similar organizations;

abuse their parental rights;

mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;

are patients with chronic alcoholism or drug addiction;

have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

In the case we are considering, Saprykin cannot pay due attention and properly exercise his parental rights, not because of unwillingness, but because of the impossibility of this due to his illness, which was known to his ex-wife. Therefore, there are no grounds for depriving him of parental rights.

Conclusion

Summing up the above, it should be noted that Russian family law does not have a legal definition of marriage, and therefore in theory there are different approaches to understanding this institution.

Of course, marriage is not just a biological and social union of a man and a woman that performs reproductive functions in society, but a much more complex organism that is under the "guardianship" of the state and law. It is the law that, by its influence, turns the relationship between a man and a woman into a legal relationship, endowing them with a special status with the consolidation of special rights and obligations.

A compilation of all legal definitions can be the following legal definition of marriage, which should be enshrined in Art. 12 of the RF IC: "Marriage is a voluntary union of a man and a woman who has reached the age of marriage, registered with the civil registry offices in the absence of circumstances preventing marriage, giving rise to legal relations of matrimony, both personal and property, concluded for the purpose of creating a family"

It is possible that the legislative fixation of this legal category will contribute to the social and legal strength of this institution.

Bibliographic list

1.Constitution of the Russian Federation. // Collection of legislation of the Russian Federation. 2009. N 4. Art. 445

.Family Code of the Russian Federation dated 12/29/95 N 223-FZ (as amended on 12/23/2010) // SZ RF. 1996. N 1. Art.16

.Antokolskaya M.V. Family law. - 3rd ed., revised. add. - M.: Norma: Infra-M, 2010.

.Civil legal proceedings: features of consideration of certain categories of cases: Study.-pract. allowance / Resp. ed. V.V. Yarkov. - M., 2001.

5.Zagorovsky A.I. Family law course. - M.: Zertsalo, 2003.

.Krasavchikov O.A. Legal facts in Soviet civil law. - M., 1958.

.Krotov M.V. The concept and signs of marriage / Civil law. Textbook / Under. ed. A.P. Sergeeva, Yu.K. Tolstoy. - T. 3. - M .: Prospect, 2004.

.Pchelintseva L.M. Family law of Russia. - M.: Norma, 2002.

.Sanfilippo Cesare. Roman private law course. - M.: Publishing house "BEK", 2002.