Prenuptial agreement presentation on family law. Marriage contract. Separate regimes for the use of property
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Marriage contract
A marriage contract or, as it is also called, a marriage contract is a relatively new phenomenon for our citizens. The conclusion of a marriage contract is provided for by paragraph 1 of Article 256 of the Civil Code of the Russian Federation, and the preparation of a marriage contract is provided for by Chapter 8 of the Family Code of the Russian Federation
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A marriage contract is an agreement between persons entering into marriage or an agreement between spouses that determines the property rights and obligations of spouses in marriage and (or) in the event of divorce. Unlike civil law contracts, a marriage contract (contract) is concluded in the personal presence of both parties and cannot be concluded through a representative
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Conclusion of a marriage contract
A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage. A marriage contract concluded before the state registration of the conclusion of marriage shall enter into force on the day of the state registration of the conclusion of marriage. The marriage contract is concluded in writing and is subject to notarization.
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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. The rights and obligations stipulated by the marriage contract may be limited to certain periods or be made dependent on the occurrence or non-occurrence of certain conditions. 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; contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.
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Change and termination of the marriage contract
The marriage contract can be changed or terminated at any time by agreement of the spouses. An agreement to amend or terminate a marriage contract is made in the same form as the marriage contract itself. Unilateral refusal to perform a marriage contract is not allowed.
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Recognition of the marriage contract as invalid
A marriage contract may be recognized by the court as invalid in whole or in part on the grounds provided for by the Civil Code. Russian Federation for the invalidity of transactions. The court may also invalidate the marriage contract in whole or in part at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position.
PERSONAL RIGHTS AND DUTIES OF SPOUSES Personal non-property rights and duties of husband and wife are equal! The duties of the spouses come down to building their relationships in the family in the spirit of mutual respect and mutual assistance. In accordance with personal rights, spouses have the opportunity to choose the surname of one of them. But the husband and wife can leave their former surnames. Spouses also have the right to choose their occupation, profession, place of residence.
LEGAL PROPERTY REGIME OF SPOUSES 1. All property that a husband and wife had before marriage remains their personal property. 2. Items for individual use acquired during marriage (clothes, shoes, etc.) become personal property. The exception is luxury goods. 3. The personal property of one of the spouses is that which he received as a gift or by inheritance. 4. All other property acquired in a joint marriage will be considered common joint property. 5. Spouses may share jointly acquired property. In this case, the shares of each of them will be equal, regardless of the fact that one of them worked, and someone was engaged in housekeeping and had no income at all.
CONTRACTUAL PROPERTY REGIME OF SPOUSES A marriage contract is an agreement between a man and a woman (who are about to get married or are already married) about what property rights each of them will have in marriage or in case of its dissolution. A marriage contract comes into force after the conclusion of marriage, and if it was concluded by people who are already married - after its notarization. The marriage contract includes any provisions relating to the property relations of the spouses. The personal rights and obligations of the spouses are not fixed in the marriage contract.
TERMINATION OF MARRIAGE Divorce is carried out by registry offices or courts, depending on various circumstances. Marriages are dissolved in the registry office if the spouses do not have minor children and both of them agree to the dissolution of the marriage. The registry office will terminate the marriage if there are minor children, but one of the spouses is sentenced to imprisonment for more than 3 years. Marriages are dissolved in the courts if one of the spouses does not want to dissolve the marriage or if there are minor children in the family. If one of the spouses voluntarily fails to fulfill the obligation to financially support the needy spouse, then the needy spouse has the right to demand alimony both during the marriage and after its dissolution.
The Uvarovs included a clause in the marriage contract, according to which the wife undertakes to constantly show signs of attention and respect to her husband's mother, even if she is rude to her, and the husband undertakes to give his wife the entire salary, except for small amounts remaining for his pocket expenses. What in this contract does not comply with family law?
Ivan often complains to his friends that he does not live well with his parents. He is already 14 years old, and his parents demand that he be at home, do not allow him to go to the boxing section, check how he did his homework, did not buy him a cell phone that he dreamed of - and in general, they are very strict and limit his freedom. Can the question of deprivation be raised in this case? parental rights? Where can Ivan turn with his problems? Used literature: Nikitin A.F. Fundamentals of social science: Proc. For 9 cells. general education textbook Institutions. - M .: Bustard, 2006 Fundamentals of legal knowledge: a textbook for 8-9 cells. In 2 books. Book 1 / S.I. Volodina, V.V. Spasskaya, A.M. Polievktova, E.M. Ashmarina and others; Russian Foundation for Legal Reforms. Project "Legal education at school" - M: Publishing house "New textbook", Elective course of practical law "Children's Human Rights University": for pre-profile training of 9th grade students: met. allowance / comp.: O.A. Severyanina, E.N. Sorokin; ed. O.V. Kazachek, V.V. Chernikov. - M.: Globus, 2007 Internet resources:
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Marriage agreement (contract). The presentation was prepared by 1st year student BD4EK Bardina Ekaterina. The current state of society, the change in the economic and legal system in Russia, has led to an increase in the number of legal relations performed in the course of everyday family life.
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Marriage agreement (contract)
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1st year student BD4EK Bardina Ekaterina
The change in the economic and legal system in Russia has led to an increase in the number of legal relations committed in the process of everyday family life. Throughout life, almost every person comes into contact, to one degree or another, with family legal relations. his life takes place in small or large social groups or associations, such as family, clan, tribe, population, community, state. The well-being and prosperity of the individual is always associated with the success and well-being of the social collective. From birth, a person lives in a family, in a team; upon reaching adulthood, he creates his own family himself. In the process married life family problems may arise that are not always regulated peacefully, so we can assume that the problem: relations between spouses, marriage and family relations always remains relevant and topical. The current marriage and family legislation is a complex legal material, but at the same time, individual relations between spouses are generally difficult to legally regulate, in this area the marriage contract is of no small importance.
A marriage contract is an agreement between persons entering into marriage or spouses that determines their property rights and obligations in marriage and (or) in the event of its dissolution.
A new trend in Russian legislation, the conclusion and drafting of which are regulated by civil and family law. A marriage contract is an agreement of persons entering into marriage, or an agreement of spouses, which determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. It follows from this that the Marriage Agreement (contract) is concluded in writing and is subject to mandatory notarization. The content of the Marriage Contract can be diverse, but we must not forget that it defines only the property rights and obligations of the spouses and cannot determine personal rights and obligations.
According to the Family Code of the Russian Federation, by a marriage contract, the spouses can change the statutory regime of joint ownership, establish the regime of shared or separate ownership of both all property and its separate types or the property of each of the spouses. They may include in the marriage contract any other provisions relating to property relations. In particular, the procedure for incurring family expenses may be provided, the amount, terms, grounds and procedure for providing maintenance to each other both during the period of marriage and after its dissolution can be determined. Non-property relations (for example, the right to communicate with a child in the event of a divorce) in Russia cannot be the subject of a marriage contract. The marriage contract is drawn up in writing and is subject to mandatory notarization.
Article 41 It can be concluded both before state registration, and at any time during the marriage, comes into force from the date of state registration. It is concluded in writing and is subject to notarization.
Article 42 It can be concluded both in relation to the existing and in relation to the future property of the spouses. Rights and obligations for mutual maintenance, family expenses, raising children.
The theory of marriage as a contract first arose in ancient Rome, Roman law regulated only property relations, therefore all major forms of marriage were considered as an ordinary civil law transaction. In Jewish law, the marriage contract includes the obligations of the husband to his wife. The Code of Laws of the Russian Empire established the principle of separation of spouses' property, which provided the spouse with the opportunity to independently dispose of his property, nevertheless, the husband was responsible for maintaining the family. However, in Poland, which was then part of the Russian Empire, the so-called “prenuptial agreement” was used. It could only be concluded before marriage, was subject to notarization, had to be indicated in the marriage certificate, and could change only those property relations of the spouses that were determined by local laws.
It is concluded both before marriage (in this case, it acquires legal force from the moment of state registration of marriage), and at any time while people are married (in this case, it is concluded from the moment of its notarization). A prenuptial agreement may be valid throughout the marriage and may be terminated at any time by mutual agreement of the spouses. A marriage contract can be concluded under a condition, that is, conditions can be provided, depending on the occurrence or non-occurrence of which certain rights and obligations arise (for example, the birth of a child).
Of the contract, one should remember what conditions cannot be included in it: a marriage contract cannot regulate the personal non-property relations of the spouses, such a ban is primarily due to the fact that the forced use of the terms of the contract governing these relations is practically impossible; - the marriage contract cannot concern the personal rights and obligations of the spouses in relation to their children.
Limit the legal capacity and legal capacity of spouses, their right to apply to the court for protection. This prohibition means that the marriage contract cannot contain provisions prohibiting spouses from filing a lawsuit to change, terminate or invalidate the marriage contract, engage in entrepreneurial activities, receive income, bequeath, accept inheritance, etc.
You can: Retain the right to own after a divorce any property specified in the marriage contract. - Transfer any property that is your property to your wife or husband. - Do not pay with your property for the debts of your beloved "half". A marriage contract may be recognized by the court as invalid in whole or in part at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position.
Contract The need for the existence of a marriage contract was noted by experts. Its importance, according to experts, lies in the fact that it gives the spouses confidence in the future, increases the degree of responsibility of the spouses, avoids legal troubles and maintains the mental balance of the individual in the event of a divorce.
Not only the regime of ownership (joint, shared, separate) of a particular property, but also the procedure for use, rights and obligations associated with a particular property. This clause in the contract can play no small role when entering into inheritance rights. Accordingly, if this clause is present in the marriage contract, not all property will be considered jointly acquired, as well as separate property. In a divorce, each party to the contract will clearly understand what belongs to him, what he can count on and what threatens in this or that case. b) the ability to determine the personal nature of the obligations of the parties under credit, collateral and other obligations. In case of loss of legal capacity or solvency of the spouse responsible for credit obligations, or his death, all obligations to creditors pass in the order of succession or inheritance. However, in the presence of this clause in the marriage contract and under the above circumstances, the spouses are not liable for each other's debts. Upon receipt of a loan, you must notify the bank of the existence of a marriage contract and this clause.
Contract The conclusion of a marriage contract does not give stability to family relations. It indicates that family relationships are not built on love and trust, but on a mutually beneficial deal.
Regulates only those relations that are strictly provided for in it. Everything that goes beyond the scope of the contract is regulated by law. It is not possible to foresee and prescribe all the aspects that have arisen in family life, sometimes you have to add something or change the contract. It is also not always possible to keep track of all changes in legislation, and it is highly likely that during a divorce you will encounter the cancellation of one or another clause of the marriage contract. b) The marriage contract has a number of restrictions: for example, one of the spouses cannot be limited in personal and constitutional rights and obligations (the right to defend in court, go to court, bequeath or accept an inheritance, communicate with children, and much more). c) When concluding a marriage contract, one of the parties may have ulterior motives.
When concluding a marriage contract, the following restrictions apply. The first limitation is that a prenuptial agreement cannot restrict the legal capacity and legal capacity of the spouses (future spouses). This means that a marriage contract cannot contain provisions that restrict the right of one of the parties to work, choose a profession, receive education, freedom of movement, etc. The second limitation is that a marriage contract can be concluded only in connection with the property relations of the spouses. Personal property relations cannot be the subject of a marriage contract. This means that a marriage contract cannot oblige the spouses to love each other, to be faithful to each other, not to abuse alcoholic beverages, not to lead an idle lifestyle, etc. However, the property relations of the spouses may be made dependent on the occurrence or non-occurrence of non-property conditions.
The fact that spouses cannot regulate their rights and obligations in relation to children by a marriage contract. This means that the prenuptial agreement cannot establish that in the event of a divorce the child will remain with the father or mother, or establish the order of communication between parents and children in the event of a divorce. The fourth limitation is that the marriage contract cannot restrict the right of the disabled needy spouse to receive maintenance, since, in accordance with the law, the spouses are obliged to financially support each other and in the event of refusal of such support and the absence of an agreement between the spouses on the payment of alimony, the disabled needy spouse has the right to demand maintenance from the other spouse in judicial order
Contracts a) the conclusion of a marriage contract with a person who is not able to understand the meaning of his actions or manage them, although he is capable; b) the conclusion of a marriage contract under the influence of a delusion of significant importance; c) the conclusion of a marriage contract under the influence of deception, violence, threats or as a result of a combination of difficult circumstances on extremely unfavorable conditions for themselves, which the other party took advantage of; d) the conclusion of a marriage contract with a citizen, limited by the court in capacity due to the abuse of alcohol or drugs, without the consent of his guardian.
The validity of the Marriage Agreement (contract) is terminated from the moment of dissolution of the marriage, with the exception of those obligations that are provided for by the Marriage Agreement (contract) for the period after the termination of the marriage. Spouses at any time by mutual agreement have the right to make changes and additions to the contract, which must be notarized, it can be terminated only by agreement of the parties or in court.
A marriage contract cannot contain conditions that put one of the spouses in an extremely unfavorable position. For example, if the marriage contract provides that all property and income acquired during marriage become the property of one spouse. Also, a prenuptial agreement cannot contain restrictions on such issues as the voluntariness of the marriage union, the equality of spouses, concern for the welfare and development of children. A marriage contract can be concluded both before marriage registration and during marriage. A prenuptial agreement concluded before marriage takes effect from the moment the marriage is registered. There are no time limits between the conclusion of the contract and the registration of marriage. The contract concluded during the marriage - from the moment of its notarization. Notarial certification of the marriage contract is a must!
It's obvious these days. Every person needs confidence; confidence in their loved ones, in their future and present. For the best acceptance by people of the marriage contract and their awareness of all its advantages, it is necessary first of all to give complete, exhaustive information about the contract to those entering into marriage. Without a full understanding of the terms of the contract, without information about it, a person is overwhelmed with doubts - are they deceiving him, in fact, does such a contract exist at all?
Families (and non-members)
Alimony obligations The term "alimony" comes from the Latin word "alimentum" and means "food, maintenance." In a legal sense, alimony is maintenance that one person is obliged to provide to another person in accordance with family law. There is no legal definition of maintenance obligations in Russian legislation, however, Section 5 of the Family Code of the Russian Federation contains rules governing this institution of the branch of family law, according to which family members have the right to conclude an agreement on the payment of alimony, and in its absence, the rules of the law governing the provision of alimony by force are applied .
A property legal relationship regulated by the norms of family law that arises on the basis of an agreement between the parties or a court decision, by virtue of which some members of the family are obliged to provide maintenance to other members of the family, and the latter have the right to demand it. The basis for the emergence of legal relations are legal facts.
The occurrence of alimony legal relations are: firstly, the existence of a kinship or other family relationship between the subjects - marriage, kinship, adoption, actual upbringing, property (both at the time of collection of alimony (children - parents), and before collection (former spouses); in - secondly, the presence of conditions provided for by law or agreement of the parties (neediness, disability of the recipient of alimony); and, thirdly, the presence of a court decision on the recovery of alimony, a court order or agreement of the parties on their payment.
They have features that are characteristic only for them: Alimony obligations are strictly personal; Alimony obligations are gratuitous; Maintenance obligations, as a rule, are of a continuing nature; The grounds for the occurrence of maintenance obligations are determined by law.
The following ways of paying alimony: in shares of the earnings (income) of the alimony payer; in a fixed amount of money paid at regular intervals; in a fixed sum of money paid at a time; by providing property, etc.
Obligations are classified according to the subject composition, and on this basis, the following groups of maintenance obligations are distinguished: Alimony obligations between parents and children; Alimony obligations between spouses and former spouses; Alimony obligations between brothers and sisters; Alimony obligations between grandparents and grandchildren.
Parents and children Alimony obligations of parents and children belong to the category of alimony obligations of the first priority, which means that parents and children are obliged to provide maintenance to each other, regardless of whether they have other relatives. One of the main obligations of parents (including minors) is the obligation to support their minor children, respectively, paragraph 1 of Art. 80 of the Family Code of the Russian Federation. Article 27 of the UN Convention proclaims that every child has the right to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. In turn, the child has the right to receive maintenance from his parents.
The Constitution of the Russian Federation, which states that "care for children, their upbringing is an equal right and duty of parents." The maintenance obligation of parents in relation to minor children arises regardless of whether the parents are capable or incapacitated, able-bodied or disabled, adults or minors, and also regardless of whether the children need maintenance or not. As a rule, this obligation is performed without any coercion, while the parents themselves determine the amount, type and procedure for providing maintenance to children. If, on the issue of the maintenance of children, disagreements arise between the parents or the parents of the child have separated, then maintenance obligations arise, the fulfillment of which is possible on the basis of an agreement on the payment of alimony (voluntary order) or by a court decision (court order).
Minor children have a number of characteristic features: They are one of the sources of the child's existence; They have a strictly designated purpose - the maintenance of a minor; They are purely personal; Paid from the moment the child is born until he reaches the age of majority (in this case, the moment of applying for the payment of alimony and the onset of full legal capacity before reaching the age of majority should be taken into account); Paid for each minor, regardless of his wealth and where he is (in another family or children's institution); Retained in case of deprivation of parental rights and restriction in parental rights.
They provide maintenance to their minor children voluntarily, i.e., in particular, there is no maintenance agreement between them, funds for the maintenance of minor children (alimony) can be recovered from parents in court. First of all, it is necessary to determine the amount of alimony collected in court. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents on a monthly basis in the amount of: for one child - one quarter (25%) of the earnings and (or) other income of the parents; for two children - one third (33.3%); for three or more children - half (50%) of the earnings and (or) other income of the parents.
The amount of child support does not provide a minimum for a child if the parent is unemployed or skillfully conceals their income. In addition, the interests of the alimony payer with large incomes may be violated, so that these alimony allow not only the child, but also the other parent of the child, mother-in-law, etc. to exist, which does not correspond to the purpose of collecting alimony - the fulfillment of the obligation to support the child.
Provided three ways to avoid such adverse effects. First way. Increase or decrease in the amount of alimony. This may be done by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances. The second way. Collection of alimony in a fixed amount. It is made in the absence of an agreement between the parents on the payment of alimony. The third way. Participation of parents in additional expenses for children.
Adult children. Participation of parents in additional expenses for children Article 85 of the Family Code establishes that parents are obliged to support not only minor children, but also disabled adult children in need of assistance, regardless of whether the parents have the means necessary to pay alimony, and regardless of whether in adult disabled children of other persons liable for alimony of the first priority. This obligation is not a continuation of the maintenance obligation that the parents bore in relation to their minor child. To receive maintenance support from parents by adult children (of course, if the children are disabled and in need of additional maintenance), a new claim must be filed. The obligation to pay maintenance for an adult disabled child can be fulfilled voluntarily, on the basis of an agreement on the payment of alimony, and forcibly - on the basis of a court decision.
Alimony A person entitled to receive alimony has the right to apply to the court for the recovery of alimony, regardless of the period that has elapsed from the moment the rights to alimony arose, if the alimony was not paid earlier under an agreement on the payment of alimony. This situation is due to the fact that the right to receive alimony is based on legal facts of a continuing nature - on the state of kinship, minority. Therefore, the law itself has a continuing character. In principle, alimony is awarded from the moment of applying to the court, however, if the plaintiff proves that before applying to the court, measures were taken to obtain funds for maintenance, but alimony was not received due to the evasion of the person obliged to pay alimony from paying them, they may be collected alimony for the past period within a three-year period.
Payment of alimony by agreement or by court order. Alimony is voluntary. This procedure can be applied only when alimony is paid by agreement. The payment of alimony is forced, i.e. on executive documents or on the basis of an alimony agreement, which is equated to executive documents. If alimony is collected from wages of the alimony payer, then the work of withholding alimony is assigned to the administration of the organization where the person performs his labor functions. Funds withheld from wages are transferred to the account or paid directly to the person receiving the alimony.
Family members First of all, we note that the law limits the list of persons who are not minors, who can apply for maintenance. These are disabled parents, spouses and former spouses, brothers and sisters, grandchildren, grandparents, stepfather and stepmother, actual educators. The limitation of the list by law means that persons not included in it (for example, uncles and aunts, nephews and nieces, great-grandmothers, etc.) cannot become participants in alimony payments. The financial situation confirms the neediness of the one who claims alimony and the possession of the necessary funds of the one who must pay them. And, finally, an important circumstance in the appointment of alimony are family relationships in the past. The conditions for exemption from paying alimony to other Family Members may be: misbehavior of a spouse in marriage, committing a crime, improper performance of duties for the maintenance of their children, etc.
Proceeds from the fact that family members are obliged to support their relatives if they cannot work or have not reached the age of majority. At the same time, the principle applies - first, the content must be demanded from the next of kin (children, parents or spouses, even former ones). If it is impossible to receive alimony from them, you should contact other existing relatives, who, according to the law, may be entrusted with the obligation to maintain.
Parental support for children During the first 18 years of life, parents take full care of us. As adults, we are required to support our parents (i.e. provide ongoing financial assistance) under the following conditions: The parents are in the disabled category, i.e. reached retirement age or disabled people of 1, 2 and 3 groups. The obligation to pay alimony is assigned to able-bodied children and in the absence of a constant and sufficient income, i.e. the law assumes that a citizen is obliged to work to provide for all his loved ones.
It is established not as a percentage of earnings, but in a specific amount of money, which is determined taking into account the size of the parents' income, the marital status of the children from whom the recovery will be carried out, and other life circumstances (the need to purchase expensive medicines). Children are not required to support parents deprived of parental rights, and also if it is established that the parents evaded their duties (did not pay alimony, did not take part in the upbringing).
Mutual maintenance If one of the spouses “forgot” that his income should go to the needs of the family, and the other half cannot provide for himself for objective reasons, the law makes it possible to demand the payment of alimony by force. Unfortunately, only a limited circle of citizens who are unable to earn a livelihood have the right to demand alimony: a wife during pregnancy and within three years after the birth of a child; disabled needy spouse (pensioner or disabled person whose income cannot meet basic needs); a needy spouse caring for a common disabled child (under 18) or a common disabled child, regardless of age.
Needy citizens who have no parents, adult children or spouses can demand maintenance from their brothers or sisters, grandparents or grandchildren. The court will consider the fact that the plaintiff is in need and that the relatives have sufficient funds. If a closer relative is found to be able to pay child support, the claim will be dismissed.
They brought up minor children, but they are not parents, they can demand maintenance from their pupils if it is impossible to receive maintenance from their children or spouses. Persons under guardianship or guardianship or in a foster family are not subject to such an obligation. Such cases are quite rare, more often there are families with a stepfather or stepmother. They have the right to receive alimony on the same conditions, and if they prove that they have carried out the upbringing of children properly and for at least five years. Alimony is established by the court in a fixed amount of money, taking into account all circumstances worthy of interest.
Termination of their payment Alimony for other family members can be paid by agreement (certified by a notary) or on the basis of a court decision. The agreement on the payment of alimony can be changed or terminated by agreement of the parties. The court should be contacted in order to: change or terminate the agreement on the payment of alimony, in the absence of the consent of one of the parties; changes in the amount of alimony paid by a court decision or termination of their payment.
Are established once and for all. The grounds for changing the amount of alimony, exemption from their payment may be a change in the material or marital status of the parties, loss of ability to work, etc. Maintenance obligations in respect of adult citizens cease: if the ability to work is restored or the need of the alimony recipient disappears; when a spouse enters new marriage; when a disabled citizen or a child receiving alimony from brothers, sisters, grandparents was placed in a special institution ( Orphanage, nursing home, etc.).
Http://www.bestreferat.ru/referat-85079.html Family Code of the Russian Federation, Ministry of Justice of the Russian Federation, - M, : INFRA Norm Group Publishing House, 1999 http://www.nnre.ru/yurisprudencija/nastolnaja_kniga_notariusa/ p26.php#metkadoc4 http://dogovor-obrazets.ru/%D0%B4%D0%BE%D0%B3%D0%BE%D0%B2%D0%BE%D1%80/%D0%91%D1 %80%D0%B0%D1%87%D0%BD%D1%8B%D0%B9_%D0%B4%D0%BE%D0%B3%D0%BE%D0%B2%D0%BE%D1%80 -1 http://bargu.by/3380-brachnyy-dogovor.html http://www.coolreferat.com/Marriage_contract_concept_and_necessity_of_drafting http://studentu-vuza.ru/dokladyi/stati-na-temu/alimentnyie-obyazatelstva. html http://www.bestreferat.ru/referat-64130.html
Relevance
existing
problem
regulation of property relations
spouses
The purpose of the lesson
study
legal
aspects
relations
spouses
as a species
civil
relations
in modern
Russian law
- analyze the regulation of family relations from the standpoint of civil and family law;
- explore the property relations of the spouses, the legal and contractual regime;
- consider the feasibility and conditions of concluding a marriage contract;
- study the pros and cons of a marriage contract;
- determine the attitude to the marriage contract in Russia.
Spousal Property Regimes
legal regime
Treaty regime
The right to own, use and dispose of property acquired by spouses during marriage is regulated either by law or by a marriage contract
According to the Family Code of the Russian Federation,
matrimonial property regime may be legal
(co-ownership regime) and contractual (implying the drawing up of a marriage contract)
If the right to property is regulated by law, then the legal regime applies
If the right of ownership is governed by a contract, then the contractual regime applies.
Part of the property of the spouses can be “inscribed” in the marriage contract and then the contractual regime applies to it, and the legal regime will apply to the rest of the property of the spouses
The legal regime of property of spouses is valid, unless otherwise provided by the marriage contract.
The legal regime of property of spouses is the regime of joint property
- The ability to conclude a marriage contract is related to the ability to enter into marriage.
- Therefore, a marriage contract can be concluded between capable citizens who have reached marriageable age(i.e. eighteen years old).
- If a person has not reached the age of marriage, but has received permission from a local self-government body to enter into marriage, then he may conclude a marriage contract before the registration of marriage with the written consent of the parents or guardians.
- After marriage minor spouse acquires civil capacity in full, which means that he has the right to conclude a marriage contract on his own.
- Emancipated minors have the right to independently conclude a marriage contract upon entering into marriage in accordance with the established procedure, since from the moment of emancipation they become fully capable.
Marriage contract of spouses
«… first I will never leave Marfa Petrovna and will always be her husband; second, without her permission, I will not leave anywhere; third, I will never have a permanent mistress; fourth, for this Marfa Petrovna sometimes allows me to take a look at the hay girls, but only with her secret knowledge; fifth, God save me to love a woman from our class; sixth if just in case
God forbid, some passion, big and serious, will visit me, then I must open up to Marfa Petrovna.
"Crime and Punishment"
F.M. Dostoevsky
What can be written in a prenuptial agreement?
1. By a marriage contract, the spouses have the right to establish that their property is joint property.
2. Spouses have the right to establish a mode of shared (with an indication of shares) ownership.
3. Establishment of separate property.
4. In addition to issues relating to the regime of property of the spouses, in the marriage contract it is possible to determine their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of the spouses to bear family expenses.
5. Determine the property that will be transferred to each of the spouses in the event of a divorce.
7. According to paragraph 3 of article 42 of the RF IC, a marriage contract cannot limit the legal capacity or legal capacity of spouses
The contract regulates exclusively the property relations of the spouses.
Like any other
a civil law contract, a marriage contract can be changed, terminated - at any time by agreement of the parties.
The reason for the termination or change of the marriage contract
there may be grounds provided for by civil law
to change and cancel
any other contract.
Action
the marriage contract is terminated from the moment of termination of the marriage,
with the exception of those obligations that are provided for by the marriage contract for the period
after the end of the marriage.
Attitude to the marriage contract in Russia
mundane
phenomenon
- In the mass consciousness of Russian citizens, a marriage contract is perceived as something exotic.
- Often the attitude towards him is negative, since the desire to settle relations between spouses (future spouses) by a marriage contract is often considered a manifestation of lack of spirituality.
- When concluding a marriage, future spouses most often believe that "they will live happily ever after and die on the same day."
- It is believed that the conclusion of a prenuptial agreement, in which it is necessary to provide for how property will be divided in the event of a divorce, is at least unethical.
Conclusion Statistics
marriage contract in Russia:
- spouses, among whom one or both were already in a marriage relationship and at one time went through the procedure for dividing property under the law;
- age composition - from 30 years;
- among those who enter into a contract already being married, most often these are persons under 30. Moreover, the length of family life of these persons is from one to three years.
- much less often a marriage contract is concluded by citizens aged 40 to 50 years;
- of those who marry for the first time, at a fairly young age, only a few enter into an agreement, then this happens at the insistence or recommendation of older relatives (parents);
- contracts are concluded more often in the central regions and large cities of the country - where, for objective reasons, wages are higher, the well-being of the population is higher
- the initiators of the conclusion of a marriage contract are men who want to insure themselves in the event of a divorce from claims from their spouse
Perhaps, over time, in Russia, the conclusion of a marriage contract will become more popular.
Undoubtedly, the bulk of the population will continue to regulate their property relations on the basis of a legal regime, but there will be a percentage of spouses who will dress their property relations in the form of a contract.
