Presentation "Family and marriage" presentation for a lesson in social studies (grade 11) on the topic. Prenuptial agreement Prenuptial agreement in different countries of the world presentation

COMPLETED: Sold
Julia
DGU 121b;
Moskovchenko Tatiana

Japan

In Japan, a prenuptial agreement is valid only if it is
conclusions before filing an application for marriage
(Article 755 of the Civil Code of Japan). Agreement concluded after entry
into marriage, is subject to annulment, and then the property
relations between spouses are regulated by the norms of the Civil Code, i.e.
legal regime comes into effect. Moreover, after
filing an application for marriage
Japanese law cannot be changed. His
amendment is permitted only if the contract itself
contains a provision on the procedure for its change and
provisions correspond to the established procedure (Article 759
Civil Code of Japan).

USA

When drafting the terms of marriage contracts
Americans can foresee practically
All. It is impossible only to distinguish between participation in
raising children and decide with which spouse they
will remain as a result of the divorce. However, this is not
means that you can get into bondage -
US courts have the power to decide how
fair
conditions
marriage
contract.
Folk e
creation
American
"contract" knows no boundaries. For example, in
one real document of the spouse
pledged to “communicate with each other at least
half an hour a day” and “make sure that the car has
at least half a tank of fuel."

Israel

Marriage without a marriage contract - "Ktubs" in
Israel is not included. It is interesting that in
this
document
are listed
exclusively
responsibilities
husband
By
attitude towards his wife. "Ktuba" is certified by two
witnesses, consists of the main part and
two additions. Contents of the main part
has not changed since the compilation of the Talmud -
in monetary units, the amount is indicated,
which
must
pay
wife
husband,
insisted on unreasonable from the point
vision
rabbinical
court
divorce e.
On
today is determined by the amount of 10
one thousand dollars.

China

Some semblance of a marriage contract exists in
Under heaven in the spring from time immemorial in ekov. After marriage,
traditions,
families
exchange
marriage
guarantees,
which
must
be
set out on paper in red, which is
symbol
Good luck
And
happiness.
Content
"red" prenuptial agreement includes
information about the bride and groom and their families. Ibid
the amount of the ransom paid for the missing is indicated.
And not a single word about how it divides
property after a divorce, because everyone believes
that marriage is for life. Chinese
We are convinced that if one of the couple
you need a contract with a section, it means
that he or she does not need marriage itself.

India

The drawing up of marriage contracts is not accepted and
not recognized by law. One of the reasons for this is
the widely held opinion that
marriage can be only one and for life, and
That's why
drafting
such
contract
is seen as an intention to make an alliance with
to terminate it after some time.
However, it is possible that soon the stereotype will sink into
Fly: Divorce rates in India are on the rise and
not caustic cases when a spouse hides some
income from his betrothed. Therefore, some
lawyers
advise
steam,
wishing
to secure your future in the event of the collapse of the family,
marry and get married in those countries where e
such documents are recognized by law.

Thailand

Marriage
treaty
V
most
I eat my
are concluded in pairs, where there are foreign spouses. And it's not right, it's real
duty. The Immutable Law of the Kingdom
states that a foreigner has no right
land ownership in Thailand e. Therefore, if in
flow
family
life
pair,
all of a sudden,
decides to buy land, then the purchase should
precede
drafting
contracts,
V
which the foreign spouse agrees to
the fact that in the future he will not have any
rights to this property, and that after the divorce
the land remains only in the property
Thai spouse.

Greece

At
Greeks
common
Contract
O
cohabitation e,
being
likeness
marriage contract. It lies between
spouses who, although "legitimize" their
relationship,
But
Bye
Not
are planning
enter into a formal marriage. That is, such
the contract is drawn up and is valid only
before
weddings.
After
Togo,
How
pair
registers
their
relationship
officially, the document loses its validity.
Greek law specifies that
cohabitation contract cannot be
concluded between people who are already members of
marriage, between relatives, and
between adoptees and adopters.

Muslim countries

Syrian legislation (art. 61,62),
Jordan
(art.
55),
YAR
(art.
34),
Egyptian law (art. 18 of Law N
25
from
1929)
envisaged
V
"marriage contracts" the size of the mahr, i.e.
payment
husband
marriage
ransom,
on
which the wife is entitled to receive
after the conclusion of the marriage contract. Article
18
Algerian
Family
ex code
also regulates marriage contracts,
marriage
treaty
Maybe
be
zar registered
competent
communal
institution,
an authorized officer of the court.

Brazil and Argentina

Argentina's civil marriage law
considers
Also
conclusion
marriage
contracts
(art.
52),
V
Brazilian Civil Code exe 1916
year, as well as in the Marriage Law of
05/23/1950 there are in detail
developed norms concerning the general
and separate property of the spouses.

Ukraine

According to the legislation of Ukraine, “the right of one’s own free will to conclude
an agreement on the decision of family life (marriage contract) is possessed only by persons
entering into marriage” (Article 27-1 Code of Marriage and Family of Ukraine). incident
lies in the fact that the relevant article (27-1) is called “Right
spouses to conclude a marriage contract. The procedure for concluding a marriage
contract (approved by the Resolution of the Cabinet of Ministers of Ukraine dated 16
June 1993, No. 457) textually reproduces this norm in the code of the ex. Except
In addition, this document determines that in the event of a decrease in the age of marriage in
according
With
current
legislation
marriage
Contract
minors is concluded with the consent of their parents or legal
representatives (clause 5).
In general, in the Family Code of Ukraine, special attention is paid to the institution
marriage contract, to which a separate chapter is devoted. Marriage contract
can be concluded by persons who have submitted an application for marriage registration, and
also spouses (previously, a marriage contract could be concluded only with
state registration of marriage, and not after it). A marriage contract can
be changed by the spouses, and in some cases by the court. Marriage form
contracts - written, with obligatory notarial certification.
The subject of regulation of the marriage contract are only property
relations between spouses, he cannot regulate personal relations
spouses, as well as personal relationships between them and children. In the marriage contract
the property that the wife, the husband transfers for
use for the general needs of the family, as well as the legal regime
property donated to spouses in connection with marriage registration. The parties may
include in the prenuptial agreement any other conditions regarding the legal
property regime, if they do not contradict the moral foundations of society.
According to the marriage contract, it cannot be transferred into the ownership of one of the spouses
immovable and other property, the right to which is subject to state registration.

France

French Civil Code ex of March 21, 1804 (FGC)
Title V of Book Three “On the Marriage Agreement and the Regime
property relations between spouses” governs
legal and contractual regimes of property of spouses (art.
1387-1581 FGK). The marriage contract must be drawn up before
marriage and comes into force from the moment of registration
marriage (Art. 1395 FGK)
The provisions of the marriage contract must not contradict
good morals (Art. 1387 FGK). Written form of marriage
contract, notarial approval, consent of the parties and
the participation of witnesses are enshrined in Art. 1394 FGK.
In Art. 1397-3 FCC (introduced by Law No. 97-987 of October 28
1997) establishes an imperative norm of publicity
marriage
contracts.
"If
one
from
spouses
is
a merchant during marriage or became one thereafter, an act
definitions of applicable law are published subject to the terms and
under penalty of sanctions provided by the regulations,
relating to the commercial register and the register of companies”

Italy

In Italy, property relations of spouses are regulated
Italian Civil Code of 16 March 1942 (book
first,
title
sixth).
Conclusion
marriage
agreements
regulated by Art. 162 of this ex code. Marriage contract
subject to mandatory registration with the local authority
and, if it concerns immovable property, in the authority,
registering real estate transactions. "Feature
marriage contract in Italy is that the contract can
be provided for the rights and obligations of third parties
(for example, a creditor of one of the spouses), complete personal
the details of which are included in the contract"
On September 1, 1995, Law No. 218 of 31
May 1995 "Reform of the Italian system of international
private law”, in chapter IV of which “Family Relations” p. 1
Art. 30 defines property relations between spouses
in mixed marriages: “Property relations between
spouses are governed by the law applicable to personal
relations between them, or the law of the country, a citizen
which at least one of them is, or the right of the country, to
the territory of which one of them resides” Agreement between
spouses
O
subject
application
right
is
valid if it is recognized as such in accordance with
with the law chosen by the spouses or the law of the country of the place
conclusion of an agreement.

Switzerland

In Switzerland, the provisions of the 1904 Civil Code (CCC) have been
significant changes as a result of the family law reform (1973-1985). Significant changes have been made to the second book of the SHGK
federal law of 26.06.1998
The SGC allows spouses to change the legal regime of property to
negotiated through the conclusion of a marriage contract. At the same time, "marriage
the contract can be combined with the hereditary pact, which fixes
the share of one of the spouses in the event of the death of the other. Exercise of rights and
fulfillment of the obligations stipulated by the marriage contract must
be conscientious (clause 2, article 2 of the Civil Code). When joining a marriage contract with
The hereditary pact established restrictions to protect the interests
certain categories of heirs (Art. 216, 241 SCC).
On January 1, 1989, the Federal Law on
Private International Law 1987, Art. 52 which she closed, that:
1) the regime of property relations between spouses is determined by
the law chosen by the spouses;
2) spouses may choose the law of the state in which they both have
place of residence or will have a place of residence after the conclusion
marriage, or the right of the State of citizenship of one of them.
According to Art. 56 “A marriage contract is effective in terms of form if
its shape corresponds to the requirements of the applied material
law or the law of the place where the contract was concluded.

Poland

In Poland, the legal relations of spouses are regulated, before
total, by the norms of the Code of the Exa on the family and guardianship (CSR) of February 25
1964
G.
(title
I
"Matrimony"
includes
sections,
regulating issues of marriage, property
relations of spouses, etc.). July 1, 1965 entered into force
Law of 1965 on Private International Law, section V
"Marriage" of which Art. 17, § 2 defines:
“Property relations arising from property
marriage contract are governed by general national law
parties at the time of conclusion of the contract.
In the absence of a common national law, spouses may
apply the law of the state in which both spouses have
place of residence, and if the spouses do not have a place
residence in the same state e, applies
Polish law (art. 17, § 3).
Poland also provides for the registration of marriage
contracts in a special register for the possibility of obtaining
necessary
information
interested
persons
(V
in particular, creditors).

The Republic of Kazakhstan

Law of the Republic of Kazakhstan "On marriage and
seven e” dated December 17, 1998 (hereinafter referred to as the RK LOBS)
and the Civil Code of the Republic of Kazakhstan
(general part), adopted on December 27, 1994 and
which entered into force on March 1, 1995 (hereinafter - the Civil Code
RK). According to the Law of the Republic of Kazakhstan, relations in general
property
spouses
assigned
To
subject
regulation
family
legislation.
Norms
civil
legislation
apply only when these relations
will be
Not
ur regulated
marriage and family
legislation
And
Not
contrary to the essence of marriage and family
relations, i.e. in a subsidiary manner (clause 1 of Art.
5
ZoBS
RK).
This
norm
emphasizes
a priority
family
legislation
V
regulation
property
relations
spouses.

Russian Federation

Definition
According to Article 40 of the RF IC
"marriage contract
the agreement of persons is recognized,
getting married, or
spouse agreement,
defining
property rights and
duties of spouses in marriage
and/or in case of
termination"

Specificity
Russian marriage
The agreement only defines
property relations
spouses and cannot
define, for example,
personal relationships,
responsibilities of spouses
raising children, maintaining
farms, etc.

Marriage
agreements
1. Prenuptial agreement
can be concluded as
to state
registration of conclusion
marriage, and in any
time during marriage.
2. Marriage contract
lies in
writing and
subject to notarial
certificate. Nimernitskaya I. A.
2018
©

Marriage contract

Agreement
people who are getting married
or the agreement of the spouses,
defining property rights and
obligations of spouses in marriage and in the event of
its termination.

In the West and in Europe, a marriage contract has been concluded for about five hundred years.

Jan Steen
"Marriage
contract"
1668
Hermitage Museum,
Saint Petersburg

In 1996, the Family Code of the Russian Federation was adopted

Each
Russian
pair
received
right to
conclusion
marriage
agreements

Marriage contract and civil marriage

Russian
legislation allows
entering into a marriage contract with persons
only gathering and already created
family.
The document comes into force from the moment
marriage registration.
Persons in a civil marriage enter into such
the contract makes no sense.

Conclusion of a marriage contract

It is a right, not a duty, of a citizen.
Russian Federation. However, its presence
will be able to make a divorce (and this can
happen with a probability of 30% to 60%:
the divorce rate among married couples
today) as humane as possible and less
traumatic
for all parties, including children

To conclude a marriage agreement, you must:

enlist
consent of the future spouse
(spouses)
Make a list with the help of a lawyer
major and minor
agreements and the text of the
agreements
Get a document certified by a notary

Conclusion of a marriage contract

Allowed both before marriage and in any
moment of state in marital relations.
However, if the marriage contract
concluded before the registration of marriage, then
it is valid only from the moment of its
registration

Marriage contract and budget savings

conflict-free
property division
would save.
The court fee depends on the price
claim, which is calculated on the basis of
the value of the subject matter of the dispute (at the cost
apartments in 2 million rubles. state duty
will be 18.2 thousand.
Certification of the marriage contract costs 900
rub.
In difficult situations, it is better to hire
lawyer.

Marriage agreement (contract)

Document.
Written
agreement of persons entering
into marriage, which defines
property rights and obligations
spouses during marriage and after divorce.

Form of concluding a marriage contract

He
must be
notarized, otherwise not
legal force (Article 165
Civil Code of the Russian Federation).

The marriage contract is terminated
its action at
divorce
with the exception of
those provisions,
which determine
rights and obligations
former spouses
for the post-marital period.

The duration of the marriage contract

IN
the document itself can be clarified
he (its individual conditions) act
specific time period or
indefinitely.
Pre-divorce marriage contract
can be canceled or amended.
This step requires the consent of both
spouses, or the dissenting party
will have to go to court.

Required documents

passport
each spouse;
marriage registration certificate
(if the marriage is registered);
documents confirming the right
ownership of movable or
real estate.

Marriage contract and notary

WITH
July 2014 in our country
a unified information
notary system.
This information environment
other includes registry
notarized marriage certificates
contracts.

marriage contract statistics

Registry
replenished monthly
information about three to five thousand new
marriage contracts entered into
throughout Russia.
The registry contains information about
changes in existing contracts
(300-500 certificates per month) and about
their termination (about 150 per month)

legal norm

Opportunity
marriage
treaty is provided for in Article 40
Family Code of the Russian
Federation.
The marriage contract changes the usual
(legitimate) joint regime
spouses' property.

Benefits of a prenuptial agreement

It allows you to set which
property will be used in
marriage in respect of all property or
its parts. If the marriage contract is not
established otherwise, married to spouses
joint ownership: all property
enters the general
property of spouses
determination of shares

Joint ownership regime

By
By default, the property is in
possession, use and disposal
spouses without determining shares.
Disposition of such property
carried out with the consent of both
spouses, regardless of who
it is framed and, accordingly, who
makes a transaction in
regarding this property.

Spouse's personal property

IN
personal property of each
spouses is
premarital property
property received under
gratuitous transactions (donation,
will)
Everyone's personal items.

The specifics of the marriage contract

Law
(clause 1, article 42 of the UK) allows you to distribute
its effect as on property, already
acquired at the time of the conclusion of the contract
(including before marriage), and on property,
acquired later on
existence of marriage.
Without a contract, premarital property will remain
who owned before marriage

The main problems affected by prenuptial agreements

Real estate
mentioned in 90%
marriage contracts signed by the parties
contracts.
Often the freedom of the owner from
the consent of the other party in the concluded
deals.

In the absence of a marriage contract

All
What is acquired in marriage is divided in half. Not
are subject to division of winnings, personal payments
(alimony, etc.), nominal prizes (Nobel
and others like her).
Personal things remain to those who have them
used except items
luxury and antiques.

Mode change

In a marriage contract
provide that the joint regime
only applies to part
property.
Or co-op mode
apply to property that
law is personal property
each of the spouses (for example,
premarital or received as a gift).

Fractional ownership regime

For
each spouse is assigned a specific
share in the ownership of the property.
Possession and use of such property
carried out by agreement of both
spouses.
However, each spouse has the right to
discretion to sell, donate, bequeath,
pledge one's share or dispose of
by it otherwise in compliance with the rule on
pre-emptive right to purchase a share
by the second spouse when it is sold to the third
persons

Separate ownership regime

Property
is personal property
one of the spouses.
Possession, use and disposal
such property is carried out
spouse-owner at his discretion
without regard to the opinion of the second spouse
The regime is beneficial for spouses, one of
who have children from a previous marriage,
since in the event of the death of the spouse-parent of his
children will not be able to claim property
second spouse.

Separate regimes for the use of property

At
separate use of property
there is a temptation to use the schema when
the debtor spouse "rewrites" everything
property to a non-debtor.
But this is prohibited by law.
It is the duty of the spouses to notify
creditors on the conclusion of the marriage contract,
as well as changes to its terms or conditions or
termination.

Modes

In a prenuptial agreement it is possible
the use of one of the modes or their
combinations.
Property that is not provided
contract will be considered a joint
property of spouses

Examples of relationships stipulated by the contract

IN
in a marriage contract, spouses can prescribe
answers to the following questions.
Who bears what expenses - up to and including
who will pay for utilities?
Who in the family is obliged to support whom and on what
conditions?
In what forms do the parties participate in the income
each other?
How will the parties divide the property in
divorce case?

Alimony obligations

It is possible to establish by marriage contract
amounts of funds received during the period (and
after dissolution) of marriage by spouses
from a friend, with one exception: you can't
restrict the rights of the disabled
needy spouse

Not in a marriage contract

Limit
legal capacity or
legal capacity of spouses
Or their right to apply to the court for protection
their rights;
Regulate personal non-property
relations between spouses, rights and
obligations of spouses in relation to children;
Negotiate conditions that put one of
spouses in extremely unfavorable
position or contrary to the basic
principles of family law

Marriage contract and law

needy
disabled spouse
will receive maintenance within the limits,
established by law, outside
depending on marital status
contracts.

What governs a prenuptial agreement

A marriage contract can
regulate only
property
relationship.
Any of its conditions
concerning
non-property
relations
spouses,
invalid.

For example, include...

Items
about marital fidelity
about household chores, for example, about
that the husband undertakes to take out the trash,
while the wife cooks breakfast every day,
dinner and supper.
Set a reward for
birth of a child.
Deal with the issue of children living in
divorce case

Marriage contract and children

Marriage
the contract cannot reduce
the rights of the child established
Family Code.
It concerns the content
child, ensuring that they receive
education, the rights of the child
real estate and so on.

Invalidity of the marriage contract

Marriage
contract can be recognized
completely invalid by the court
or in part on the grounds,
envisaged by the Civil
Code of the Russian Federation for invalidity
transactions.

Invalidity of the marriage contract

If
the content of the contract contradicts
civil or family
legislation.
If one of the signatories
parties is incompetent
face.
If the court invalidated
marriage
If "the document was signed for the purpose,
contrary to the principles of morality and
law and order".

An example of recognizing the invalidity of a marriage contract as a transaction

Somebody
try marriage contract
disguise a purchase deal
real estate.
According to article 167 of the Civil Code of the Russian Federation, in this case
each party is obliged to return the other
everything received under the transaction.

A prenuptial agreement can be challenged if..

Once
prenuptial agreement
brought the plaintiff "to the extreme
unfavorable position."
For example, if in a fit of feelings one
of the spouses copied everything to the other
property, and then he himself remains with
how.

Mortgage and marriage

At
getting a mortgage would be nice
draw up a marriage contract
register property relations
spouses regarding this apartment.
For example, indicate that the apartment remains
wife (or husband, or whomever
framed...).
Then, when dividing the property, the court will
proceed from the terms of the marriage contract.

Mortgage and divorce

If
you and your husband pay a mortgage, then
during a divorce, the most reasonable thing is to ask the bank to divide the loan into two
parts to make you with an already ex-spouse
could make equal payments on
mortgage and did not depend on income
each other.

Debt Sharing Examples

Debt
on a mortgage loan
for an apartment purchased during
marriage and being jointly
acquired property, in which
Both spouses lived
divided between ex-spouses
in proportion to the shares in this
apartment awarded during the division
property.

Marriage and credit

If
a loan is taken in marriage,
it is understood that the money goes to
both spouses. So give them away
they should be together.
You can change the situation through the court,
proving that you have nothing to do with
this loan.

Divorce and credit

Are common
the debts of the spouses in the division
common property of spouses
shared between spouses
in proportion to the
share divorce.
Under the obligations of one of the spouses
collection can only be made
to that spouse's property

Debt Sharing Examples

Debt
by credit card,
used by one of the spouses
upon divorce will be recognized as his personal
obligation.

divorce statistics

Monthly
terminated in the country 50-80
thousand marriages.
Divorce is accompanied by a partition
property in half the cases.
Advance clearance
marriage contract would allow
citizens to avoid property
disputes.

Legal incidents

CASUS - (Latin casus case).
hardship or
wonderful incident.

On the benefits of a marriage contract

If there is no marriage contract ....

List of used materials

https://pravo.rg.ru/rubrics/question/1737/
http://www.bn.ru/articles/2014/10/21/19732
0.html
http://o-brake.narod.ru/
http://www.aif.ru/dontknows/eternal/11964
37
http://azbuka.consultant.ru/cons_doc_PBI_

slide 1

slide 2

The concept of "marriage contract" arose in Russian legislation relatively recently. For the first time, the possibility of concluding an agreement between spouses on the procedure for owning property was mentioned in 1994 in the Civil Code of the Russian Federation (Article 256 "Common Property of Spouses"). And in the last Family Code of the Russian Federation of 1996, a separate chapter is given to the marriage agreement.

slide 3

A marriage contract gives spouses much greater freedom in regulating material relationships in marriage than the regime of joint property, which is not prohibited, however, even now. After all, the property that can appear in a family is not only a car, housing or a summer cottage. This is a firm, a company and other assets, on the procedure for managing which, when the life situation changes, it is advisable to conclude an agreement in advance.

slide 4

A prenuptial agreement can be signed both before marriage and at any time during marriage. In the first case, it comes into force from the moment of registration of a new family, in the other - immediately. The main meaning of the marriage contract is that with its support, the husband and wife have the right to change the order of joint ownership of the property created or acquired in marriage, which works automatically in the absence of an agreement. It is possible to make it shared or separate on all the property of the spouses, on its separate types, or on the property of any of the spouses.

slide 5

The marriage contract is in writing and is subject to notarization. It can be written by a practicing lawyer or directly by a notary. In each case, the notary must be presented with all title deeds for all immovable property included in the marriage contract. For the certification of the marriage contract, a state fee is charged in the amount and in the manner adopted by paragraph 1 of Art. 333.24 of the Tax Code. At present, it is 500 rubles.

slide 6

Whatever the marriage contract is, it is in no way capable of restricting the legal capacity and capacity of the spouses, their right to apply to the court for protection, regulate the rights and direct obligations of the spouses in relation to children; restrict the right of a disabled, needy spouse to receive maintenance; contain other conditions that put one of the spouses in a deliberately disadvantageous position or contradict family law.

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The legislation of Syria (Art. 61.62), Jordan (Art. 55), YAR (Art. 34), Egyptian legislation (Art. 18 of Law No. 25 of 1929) stipulate in "marriage contracts" the size of the mahr, i.e. payment by the husband of the marriage ransom, to which the wife becomes entitled after the conclusion of the marriage contract. Article 18 of the Algerian Family Code also regulates marriage contracts, the marriage contract can be registered by a competent municipal institution, authorized by a court official. The legislation of Syria (Art. 61.62), Jordan (Art. 55), YAR (Art. 34), Egyptian legislation (Art. 18 of Law No. 25 of 1929) stipulate in "marriage contracts" the size of the mahr, i.e. payment by the husband of the marriage ransom, to which the wife becomes entitled after the conclusion of the marriage contract. Article 18 of the Algerian Family Code also regulates marriage contracts, the marriage contract can be registered by a competent municipal institution, authorized by a court official.

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In Poland, the legal relations of spouses are regulated primarily by the provisions of the Family and Guardianship Code (CFA) of February 25, 1964 (title I “Matrimony” includes sections regulating marriage, property relations of spouses, etc.). On July 1, 1965, the Law of 1965 "On Private International Law" came into force, in section V "Marriage" of which Art. 17, § 2 defines: In Poland, the legal relations of spouses are regulated primarily by the provisions of the Family and Guardianship Code (CFA) of February 25, 1964 (title I “Matrimony” includes sections regulating marriage, property relations of spouses, etc.). d.). On July 1, 1965, the Law of 1965 "On Private International Law" came into force, in section V "Marriage" of which Art. 17, § 2 defines: "Property relations arising from a property marriage contract are governed by the common national law of the parties at the time of the conclusion of the contract." In the absence of a common national law, the spouses may apply the law of the state in which both spouses have a place of residence, and if the spouses do not have a place of residence in the same state, Polish law applies (art. 17, § 3). Poland also provides for the registration of marriage contracts in a special register to enable interested parties (in particular, creditors) to obtain the necessary information.

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The Law of the Republic of Kazakhstan "On Marriage and Family" dated December 17, 1998 (hereinafter referred to as the Law of the Republic of Kazakhstan) and the Civil Code of the Republic of Kazakhstan (general part), adopted on December 27, 1994 and entered into force on March 1, 1995 (hereinafter referred to as the Civil Code of the Republic of Kazakhstan ). According to the Law of the Republic of Kazakhstan, relations on the common property of the spouses are related to the subject of regulation of family law. The norms of civil law are applied only when these relations are not regulated by marriage and family legislation and do not contradict the essence of marriage and family relations, i.e. in a subsidiary manner (clause 1, article 5 of the Law of the Republic of Kazakhstan). This norm emphasizes the priority of family law in regulating the property relations of spouses. The Law of the Republic of Kazakhstan "On Marriage and Family" dated December 17, 1998 (hereinafter referred to as the Law of the Republic of Kazakhstan) and the Civil Code of the Republic of Kazakhstan (general part), adopted on December 27, 1994 and entered into force on March 1, 1995 (hereinafter referred to as the Civil Code of the Republic of Kazakhstan ). According to the Law of the Republic of Kazakhstan, relations on the common property of the spouses are related to the subject of regulation of family law. The norms of civil law are applied only when these relations are not regulated by marriage and family legislation and do not contradict the essence of marriage and family relations, i.e. in a subsidiary manner (clause 1, article 5 of the Law of the Republic of Kazakhstan). This norm emphasizes the priority of family law in regulating the property relations of spouses.

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Family and marriage Fomenko Yulia Viktorovna Teacher of history and social studies MKOU Tundutovskaya secondary school Family is a crystal of society (V. Hugo)

Lesson Plan Understanding Family and Marriage Conditions for Marriage Rights and Duties of Spouses Marriage Contract Rights and Duties of Parents and Children Divorce

Family A union of persons based on marriage, kinship, adoption of children for upbringing, who are connected by a common life and mutual support. The circle of persons related to each other by rights and obligations arising from a registered marriage and from kinship.

Signs of a family An association of persons related by marriage or kinship. Association of persons connected with material and moral support. Association of persons bound by common rights and obligations

Family functions economic biological social reproductive psychological

Marriage The basic premise of the family A legal, voluntary and free union of a man and a woman, with the aim of creating a family and giving rise to mutual rights and obligations.

Signs of marriage Union of a man and a woman Uniform agreement Free union Equal union Union registered with the registry office

Conditions for entering into marriage Mutual voluntary consent of persons entering into marriage Reaching the age of marriage Absence of circumstances preventing marriage Presence of another registered marriage Presence of close relationship Incapacity of one of the spouses

Rights and obligations of spouses Personal rights and obligations Equality of spouses in the family The right to choose a surname, occupation, place of residence Dissolution of marriage Art. 31, 32 RF IC Property rights and obligations Premarital property Joint property Art. 33-36 RF IC

Marriage contract Article 42 of the Family Code of the Russian Federation 1 . By a marriage contract, the spouses have the right to change the statutory regime of joint ownership (Article 34 of this Code), to establish the regime of joint, shared or separate ownership of all the property of the spouses, of its separate types or of the property of each of the spouses. A marriage contract can be concluded both in relation to the existing and in relation to the future property of the spouses. Spouses have the right to determine in the marriage contract their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the event of divorce, as well as include in the marriage contract any other provisions relating to the property relations of the spouses. 2. The rights and obligations provided for by a marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions. 3. A marriage contract cannot restrict the legal capacity or legal capacity of the spouses, their right to apply to the court for the protection of their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions restricting the right of a disabled needy spouse to receive maintenance; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

Rights and obligations of parents Parents have equal rights and obligations in relation to their children. Parents have the right and duty to raise their children. They are responsible for the upbringing and development of their children. They are obliged to take care of the health, physical, mental, moral and spiritual development of their children. It is the responsibility of parents to ensure that their children receive a general education. Protection of the rights and interests of children rests with the parents.

The rights and obligations of children The right to life The right to a given name, surname, patronymic The right to live and be brought up in a family The right to communicate with relatives The right to receive education The right to protection Art. 54-60 RF IC

Dissolution of marriage In the registry office In court If there are no minor children, by mutual agreement. At the request of one of the spouses, if the other spouse: - is declared missing; - recognized by the court as incompetent In the presence of common minor children In property disputes Art. 21-23 RF IC Art. 18 RF IC

Consolidation of the studied Solution of situational problems 1. Young spouses Svetlana and Igor, entering into marriage, swore fidelity to each other for life. They recorded their obligation never to dissolve the marriage and accompany each other for life on paper and, having sealed it with signatures, put it in a box with family values. A year later, Igor, having arrived from a vacation that he spent at sea, admitted that he had fallen in love with another woman. Svetlana said that she would have agreed to a divorce if they had not made an agreement never to dissolve the marriage. Resolve this situation. 2. Nikolaev, whose wife died, and Koreshkova, who divorced her husband, decided to marry. After that, they mutually adopted children who belonged to each of them before marriage. They did not have children together. The growing daughter Koreshkova and the son of Nikolaev fell in love and, when she turned 18, and he was 19, they applied to the registry office. Can they register a marriage?

Consolidation of the learned 1. A sailor, who was on a 9-month voyage, learned from a telegram from his beloved that they would have a child. At the same time, she asked to answer whether he agreed to marriage. He replied by telegram that he agreed. Having collected the necessary documents and attached a telegram certified by the captain of the ship, the expectant mother came to the registry office and, having explained the situation, asked to register the marriage. She was denied her request. Did the employees of the registry office act legally? 2. A graduate of the Faculty of Sociology of Moscow State University, who graduated with honors, and who proved himself in scientific work, by decision of the Academic Council was sent for an internship in the USA for 2 years. His young wife objected, stating that his departure for an internship would mean the breakup of the family. Is she right? Can she forbid her husband to go to the USA? In the event of a divorce, can she indicate her husband's trip to the United States as the reason for the breakup of the family?

Homework: Let's try to draw a model of an ideal family. What do you think is necessary for a family to become a source of happiness? Write a short essay about it.