1. Procedure and conditions for the conclusion and dissolution of marriage
1.2 Dissolution of marriage
2. Special cases of dissolution of marriage
2.1 Divorce in the registry office at the request of both spouses
2.2 Divorce in the registry office at the request of one of the spouses
2.3 Judicial dissolution of marriage Procedure for judicial dissolution of marriage
2.4 Divorce in court with the mutual consent of the spouses to the dissolution of the marriage
List of used literature
In recent years, many issues have arisen related to the legal regulation of family relations involving foreign citizens and stateless persons. This is due to a number of objective reasons: increased migration of the population, free entry and exit of citizens outside the Russian Federation, the development of business and personal contacts between Russian citizens and foreign citizens. The consequence of these circumstances was a significant increase in the number of marriages of Russian citizens with foreign citizens, an increase in cases of different citizenship of family members, that is, there are various family relations with the participation of a foreign element.
In modern life, marriage is a free, equal and, ideally, lifelong union of a woman and a man, concluded in accordance with the order and conditions established by law, forming a family and generating mutual personal, property rights and obligations between the spouses. Even today, this institution bears the stamp of historical, economic, ethnographic, cultural, religious and other features peculiar to a particular society.
Marriage and family relations of an international nature, which have a private legal nature, are subject to regulation by a special system of national conflict-of-laws norms of the Russian Federation.
Currently, there is a gradual integration of the world community, in the process of which the Russian Federation is also involved. In recent years, the issues of legal regulation of family relations with the participation of foreign citizens and stateless persons have become particularly relevant.
Every year, the number of "mixed" marriages is growing, cases of different citizenship of family members are becoming widespread, and accordingly, the number of divorces between spouses who are citizens of different states is growing, i.e. there are marital relations with the participation of a foreign element. This means that one of the subjects of such relations is a foreign citizen, or such relations have arisen, changed or were terminated outside the territory of the Russian Federation.
The purpose of this work is to consider the theoretical aspects of marriage and divorce in the Russian Federation.
To achieve this goal, you must complete the following tasks:
1. To reveal the concept of marriage and divorce in private international law.
2. Analyze the procedure for concluding and dissolving a marriage.
3. Consider special cases of divorce.
Regulatory and legal Acts:
1. The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) (as amended, amended Laws of the Russian Federation on amendments to the Constitution of the Russian Federation from 30.12.2008 № 6-FKZ, from 30.12.2008 № 7-FCL) / / Rossiyskaya Gazeta. No. 7. 21.01.2009., Collection of Legislation of the Russian Federation. 2009. - No. 4. - Article 445., Parliamentary newspaper. – № 4. – 23-29.01.2009.
2. Civil Code of the Russian Federation No. 51-FZ of 30.11.1994 (as amended). from 06.04.2015) / / Collection of legislation of the Russian Federation. - 1994. - No. 32. - St. 3301., Rossiyskaya Gazeta. – № 238-239. – 08.12.1994.
3. Family code of the Russian Federation of 29 December 1995 № 223-FZ (as adopted by the state Duma 08.12.1995), (in ed. from 20.04.2015) / / Rossiyskaya gazeta. – 1996. – № 17.
4. Civil Procedure Code of the Russian Federation No. 138-FZ of November 14, 2002 (adopted by the State Duma of the Federal Assembly of the Russian Federation on 23.10.2002) (as amended). from 06.04.2015) / / Rossiyskaya gazeta. – 2002. – № 220.
5. Antokolskaya M. V. Family law: Textbook. - M.: Nauka, 1996. - 320 p.
6. Belyakova A.M. Family law: Textbook. - M.: Norm, 1997. - 350 p.
7. Korolev Yu. A. Family law: Textbook. - Moscow: Yurid. lit., 1999. - 450 p.
8. Matveev G. K. Soviet family law: Textbook. - Moscow: Nauka, 1978 – - 417 p.
9. Pchelintseva L. M. Family law: Textbook. - M.: Norm, 2004. - 688 p.
10. Pchelintseva L. M. Comments on the Family Code of the Russian Federation. - M.: Norm, 2003 – - 720 p.