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Family and marriage Yulia Viktorovna Fomenko Teacher of history and social studies MKOU Tundutovskaya high school The family is the crystal of society (V. Hugo)

Lesson plan Concept of family and marriage Conditions for marriage Rights and responsibilities of spouses Marriage contract Rights and responsibilities of parents and children Divorce

Family A union of persons based on marriage, kinship, adoption of children, who are connected by a common life and mutual support. A circle of persons interconnected 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. An association of persons associated 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 legally formalized, voluntary and free union of a man and a woman, with the purpose of creating a family and giving rise to mutual rights and obligations.

Signs of marriage Union of a man and a woman Monogamous contract Free union Equal union Union registered in the registry office

Conditions for marriage Mutual voluntary consent of persons entering into marriage Achievement marriageable age Absence of circumstances preventing marriage Presence of another registered marriage Presence of a 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 Divorce of marriage Art. 31, 32 RF IC Property rights and obligations Pre-marital 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, spouses have the right to change the regime of joint ownership established by law (Article 34 of this Code), establish a regime of joint, shared or separate property for all property of the spouses, for its separate types or for 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 a marriage contract their rights and obligations regarding mutual maintenance, ways of participating in each other’s income, and the procedure for each of them to bear family expenses; determine the property that will be transferred to each spouse in the event of divorce, and also include in the marriage contract any other provisions relating to the property relations of the spouses. 2. The rights and obligations provided for in a marriage contract may be limited to certain periods or made dependent on the occurrence or non-occurrence of certain conditions. 3. A marriage contract cannot limit the legal capacity or capacity of the spouses, their right to go to court to protect their rights; regulate personal non-property relations between spouses, the rights and obligations of spouses in relation to children; provide for provisions limiting the right of a disabled, needy spouse to receive maintenance; contain other conditions that place one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

Rights and responsibilities of parents Parents have equal rights and responsibilities in relation to their children. Parents have the right and responsibility 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 parents.

Rights and responsibilities of children The right to life The right to a first name, surname, patronymic The right to live and be raised in a family The right to communicate with relatives The right to receive an education The right to protection Art. 54-60 RF IC

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

Consolidating what has been learned Solving situational problems 1. The young spouses Svetlana and Igor, upon getting married, swore fidelity to each other for life. They recorded their commitment to never dissolve their marriage and to accompany each other for life on paper and, with signatures, put it in a box with family valuables. A year later, Igor, returning from a vacation he spent at sea, admitted that he fell in love with another woman. Svetlana said that she would have agreed to the divorce if they had not made an agreement never to dissolve the marriage. Allow me this situation. 2. Nikolaev, whose wife died, and Koreshkova, who divorced her husband, decided to get married. After this, they mutually adopted the children that belonged to each of them before marriage. They had no children together. Koreshkova’s growing daughter and Nikolaev’s son fell in love with each other and, when she turned 18 and he turned 19, they submitted an application to the registry office. Can they register their marriage?

Consolidation of what has been 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 the marriage. He replied by telegram that he agreed. Having collected necessary documents and attaching a telegram certified by the captain of the ship, the expectant mother came to the registry office and, explaining the situation, asked to register the marriage. She was denied her request. Did the civil registry office employees act correctly? 2. A graduate of the Faculty of Sociology of Moscow State University, who graduated with honors and who demonstrated 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, saying that his departure for an internship would mean the breakup of the family. Is she right? Can she stop her husband from going to the USA? In the event of a divorce, can she indicate her husband’s trip to the USA 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 this.





PERSONAL RIGHTS AND RESPONSIBILITIES OF SPOUSES Personal non-property rights and obligations of husband and wife are equal! The responsibilities of spouses boil down to building their family relationships 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 keep their previous surnames. Spouses also have the right to choose their occupation, profession, and place of residence.


LEGAL REGIME OF SPOUSES' PROPERTY 1. All property that the husband and wife had before marriage remains their personal property. 2. Personal property includes personal items acquired during marriage (clothing, shoes, etc.), with the exception of luxury items. 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 during a joint marriage will be considered joint property. 5. Spouses can divide jointly acquired property. The shares of each of them will be equal, regardless of the fact that some of them worked, and some were engaged in housekeeping and had no income at all.


CONTRACTUAL REGIME OF SPOUSES' PROPERTY A marriage contract is an agreement between a man and a woman (about to get married or already married) about what property rights each of them will have during the marriage or in the event of its dissolution. The marriage contract comes into force after the 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 spouses are not fixed in a marriage contract.


TERMINATION OF MARRIAGE Divorce is carried out by the registry office or the courts, depending on various circumstances. The registry office dissolves marriages if the spouses do not have minor children and both of them agree to the dissolution of the marriage. The registry office will dissolve the marriage if there are minor children, but one of the spouses is sentenced to imprisonment for a term of more than 3 years. The courts dissolve marriages 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 does not 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 Uvarov couple included a clause in the marriage contract, according to which the wife undertakes to constantly show her husband’s mother signs of attention and respect, even if she is rude to her, and the husband undertakes to give his wife his entire salary, except for small amounts remaining for pocket expenses. What in this agreement does not comply with family law?








Ivan often complains to friends that he has a bad life 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 the cell phone he dreamed of - and in general, they are very strict and restrict his freedom. Can the in this case the question of deprivation be raised parental rights? Where can Ivan turn with his problems? Used literature: Nikitin A.F. Fundamentals of social studies: Textbook. For 9th grade. general education textbook Institutions. - M.: Bustard, 2006 Fundamentals of legal knowledge: textbook for 8-9 grades. In 2 books. Book 1/S.I. Volodina, V.V.Spasskaya, A.M. Polievktova, E.M. Ashmarina and others; Russian Foundation 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 preparation of 9th grade students: met. manual / comp.: O.A. Severyanina, E.N. Sorokina; edited by O.V. Kazachek, V.V. Chernikova. – M.: Globus, 2007 Internet resources:

“System of administrative law” - Administrative offense. Relationship. Act. Types of administrative offenses. Managerial relations of an intra-organizational nature. Dispositive method. Ban method. Subject of administrative law. Branch of law. Administrative-coercive relations. Administrative responsibility.

“Administrative Law” - Legality of federalism priority of the individual (humanism) responsibility of publicity. 4. Special status of the individual. Administrative coercive measures. Sources of administrative law. 1. The essence of administrative law 2. Subjects of administrative law 3. Administrative coercion. Main types of subjects:

“Criminal and Administrative Law” - Principles family law. Item civil law. Elements of civil legal relations. Civil responsibility of parents. Civil process. Function of a notary. Tasks in criminal law. Administrative law. The concept of criminal law. Types of administrative penalties. Guilty action. Legal acts.

“Administrative and criminal liability” - Types of punishments imposed on minors. Compulsory educational measures. Duration of application of compulsory educational measures. Correctional work. Exemption from punishment of minors. Deadlines for expunging a criminal record. To parent meeting And class hour Homeroom teacher Tivyakova L.A.

“Administrative offense” - Measures to ensure production (Chapter 27 of the Administrative Code). Subjects applying administrative liability (Article 22.1 of the Administrative Code). Official as a subject of liability (note to Article 2.4 of the Administrative Code). Administrative responsibility. Subjects of administrative responsibility. Legislation on administrative offenses (Article 1.1 of the Administrative Code).

“Administrative process in Russia” - Challenging non-normative legal acts. Prospects for the creation of administrative courts in Russia. Structure of out-of-court administrative process. Statistics. Courts of general jurisdiction. Story. Structure. Prospects for the creation of administrative courts. Types of administrative process. Regulation of the administrative process.

There are 8 presentations in total

Nimernitskaya I. A.
2018
©

Marriage contract

Agreement
persons entering into marriage,
or agreement between spouses,
defining property rights and
responsibilities of spouses in marriage and in case of
its termination.

In the West and Europe, marriage contracts have been concluded for about five hundred years.

Jan Steen
"Marriage
agreement"
1668
Hermitage,
Saint Petersburg

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

Each
Russian
pair
received
right to
conclusion
marriage
agreement

Marriage contract and civil marriage

Russian
legislation allows
conclusion of a marriage contract for persons until
only those who are going to and have already created
family.
The document comes into force from the moment
marriage registration.
Persons in civil marriage conclude such
the contract makes no sense.

Conclusion of a marriage contract

This is a right, not a duty of a citizen
Russian Federation. However, its presence
will be able to get a divorce (and this can
happen with a probability of 30% to 60%:
This is the percentage of divorces 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 itself
agreement
Notarize the document

Conclusion of a marriage contract

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

Marriage contract and budget savings

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

Marriage agreement (contract)

Document.
Written
agreement between parties
into marriage, which determines
property rights and obligations
spouses during marriage and after divorce.

Form for concluding a marriage contract

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

The marriage contract is terminated
its action when
divorce
except
those of its provisions
which determine
rights and responsibilities
ex-spouses
for the post-marital period.

Duration of the marriage contract

IN
the document itself can be clarified, it will be
he (its individual conditions) act
specific time period or
indefinitely.
Before the official divorce, a prenuptial agreement
can be terminated or adjusted.
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
there is a unified information
notary system.
This information environment among
other things includes registry
notarized marriage documents
contracts.

Statistics of marriage contracts

Registry
replenished monthly
information about three to five thousand new
marriage contracts concluded under
all over Russia.
The register receives information about
changes in existing contracts
(300-500 certificates per month) and about
their termination (about 150 per month)

Legal norm

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

Advantages of a prenuptial agreement

It allows you to determine what type
property will be used in
marriage in respect of all property or
parts of it. If the marriage contract is not
established otherwise, in marriage between spouses
joint property: all property
goes to the general
property of spouses without
determination of shares

Joint ownership regime

By
by default, the property is in
possession, use and disposal
spouses without determining shares.
Disposal of such property
carried out by agreement of both
spouses, regardless of who
it is framed and, accordingly, who
makes one or another transaction in
regarding this property.

Spouse's personal property

IN
personal property of each
the spouses are
Premarital property
Property received by
gratuitous transactions (donation,
will)
Everyone's personal belongings.

Specifics of the marriage contract

Law
(Clause 1 of Article 42 of the UK) allows you to distribute
its effect as on property, already
acquired at the time of conclusion of the contract
(including before marriage), and on property,
acquired later over the course of
existence of marriage.
Without a contract, premarital property will remain
to whom it belonged before the wedding

Main issues raised by prenuptial agreements

Real estate
mentioned in 90%
marriage agreements signed by the parties
contracts.
The freedom of the owner from
consent of the second party to the concluded
transactions.

In the absence of a marriage contract

All
What is acquired during marriage is divided in half. Not
winnings and personal payments are subject to division
(alimony, etc.), personal prizes (Nobel
and the like).
Personal belongings remain to those who own them
used except for items
luxury and antiques.

Changing mode

In a marriage contract you can
provide that the joint regime
only applies to part
property.
Or co-op mode?
extend to property that is
is legally personal property
each spouse (for example,
premarital or received as a gift).

Shared ownership regime

For
each spouse has a specific
share in the ownership of property.
Possession and use of such property
carried out by agreement of both
spouses.
However, each spouse has the right in his own way
discretion to sell, donate, bequeath,
pledge your share or dispose of
by her in any other way in compliance with the rule on
pre-emptive right to purchase a share
by the second spouse when selling it to the third
persons

Separate property regime

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

Separate modes of property use

At
separate use of property
there is a temptation to use the scheme when
the debtor spouse “rewrites” everything
property in the name of a non-debtor.
But this is prohibited by law.
It is the spouses' responsibility to notify
creditors about the marriage contract being concluded,
as well as about changes in its conditions or about its
termination.

Modes

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

Examples of relationships stipulated by contract

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

Alimony obligations

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

It is not allowed in a marriage contract

Limit
legal capacity or
legal capacity of spouses,
Or their right to go to court for protection
your rights;
Regulate personal non-property
relations between spouses, rights and
responsibilities of spouses in relation to children;
Negotiate conditions that place one of the
spouses in extremely unfavorable
position or contrary to fundamental
the beginnings of family law

Marriage contract and law

needy
disabled spouse
will receive alimony within the limits
established by law, outside
depending on the provisions of the marriage
agreement.

What governs a marriage contract?

A prenuptial agreement may
regulate only
property
relationship.
Any of its conditions
concerning
non-property
relations
spouses,
are invalid.

For example, include...

Items
about marital fidelity
About household duties, for example, about
that the husband undertakes to take out the trash,
and my wife cooks breakfast every day,
lunch and dinner.
Set a reward for
birth of a child.
Resolve the issue of children living in
case of divorce

Marriage contract and children

Marriage
the contract cannot reduce
children's rights established
Family Code.
This concerns content issues.
child, ensuring that he receives
education, children's rights to
real estate and so on.

Invalidity of the marriage contract

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

Invalidity of the marriage contract

If
the content of the agreement contradicts
civil or family
legislation
If one of the signatories of the document
parties are incapacitated
face.
If the court invalidates the
marriage
If “the document was signed for the purpose of
contrary to the principles of morality and
law and order."

An example of invalidating a marriage contract as a transaction

Someone
will try a prenuptial agreement
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 to the other
everything received under the transaction.

A marriage contract can be challenged if...

Once
concluded marriage contract
brought the plaintiff “in extreme
unfavorable situation."
For example, if in a fit of feelings one
of the spouses transferred everything to the other
property, and then he himself is left with nothing
how.

Mortgage and marriage

At
applying for a mortgage would be good
draw up a marriage contract in which
register property relations
spouses regarding this apartment.
For example, indicate that the apartment remains
wife (or husband, or the one for whom
framed...).
Then, when dividing property, the court will
proceed from the terms of the marriage contract.

Mortgage and divorce

If
you and your husband pay the mortgage, then
during a divorce, the most reasonable thing to do is to ask the bank to split the loan into two
parts so that you and your ex-spouse
could make equal payments
mortgage and did not depend in any way on income
each other.

Examples of debt division

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

Marriage and credit

If
the loan is taken out during marriage,
it is understood that the money goes to
both spouses. So, give them away
the two of them must.
The situation can be changed through the courts,
proving that you have nothing to do with
this loan.

Divorce and credit

General
debts of spouses upon division
common property of spouses
distributed between spouses
in proportion to what they were awarded at
divorce shares.
For the obligations of one of the spouses
recovery can only be made
on the property of that spouse

Examples of debt division

Debt
by credit card,
which one of the spouses uses,
in case of divorce it will be recognized as his personal
obligation.

Divorce statistics

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

Legal incidents

CASE - (lat. casus case).
Difficulty or
a wonderful incident.

About the benefits of a marriage contract

If there is no prenuptial agreement...

List of Materials Used

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_



Why do you need a marriage contract? Firstly, in this way you can protect your property rights. Secondly, this is an opportunity to save good relationship between spouses even after divorce. Very often ex-spouses When starting the division, they forget about their children, loved ones, and, in the end, their dignity. Thirdly, this is one of the ways to check the feelings of the spouses, eliminating the possibility of “marriages of convenience”, etc.


The emergence of a marriage contract. Why is it that in Russia many people still have little idea of ​​what it is? marriage contract and what do you eat it with? Perhaps the reason later than this his appearance; under Soviet rule, there was no private property, which, naturally, “prevented” the emergence of a marriage contract. In Western countries, specifically England, the marriage contract appeared much earlier, and now it has finally reached us. It follows from this that all the benefits and disadvantages of a marriage contract will have to be learned by our generation.


Conditions of the marriage contract. A marriage contract cannot limit the legal capacity and capacity of the spouses, i.e. contain provisions that infringe on the right of one of the parties to work, choice of profession, education, freedom of movement, etc. A marriage contract is concluded only regarding the property relations of the spouses. This means that it is impossible to oblige spouses to love each other, maintain marital fidelity, not abuse alcoholic beverages, etc. Spouses cannot regulate their rights and obligations regarding children by a marriage contract. For example, to establish with whom, in the event of a divorce, the child will remain, and what will be the procedure for communicating with him.


A prenuptial agreement cannot contain conditions that place one of the spouses in an extremely unfavorable position. For example, if the marriage contract provides that all property and income acquired during the marriage become the property of one spouse. Also, a marriage contract cannot contain restrictions regarding such issues as voluntariness marriage union, equality of spouses, concern for the welfare and development of children. A marriage contract can be concluded both before marriage and during marriage. A prenuptial agreement concluded before marriage begins to be valid from the moment the marriage is registered. There are no time restrictions between the conclusion of the contract and the registration of the marriage. A contract concluded during a marriage – from the moment of its notarization. Notarization of the marriage contract is mandatory!




Acceptance of the marriage contract in Russian society. In order to most clearly outline the problem of accepting this contract in Russian society, I conducted a survey among my peers and relatives. The questions were the same for everyone: “Would you enter into a marriage contract when getting married/being married?” “How would you convince your spouse of the need for this?”


Almost all responses were positive; Only the oldest members of my family, who have little idea of ​​its meaning, and 2-3 of my friends, who did not want to get married at all, spoke out against it. Almost all the arguments I mentioned at the beginning of the work were cited as arguments for concluding the contract. -Confidence in the future; -Confidence in your spouse; -Confidence in feelings and your freedom. In all the answers, the word “confidence” was used at least once, which clearly reflects the very essence of the marriage contract.


Conclusions. The relevance of the prenuptial agreement these days is obvious. Every person needs confidence; confidence in your loved ones, in your future and present. For the best acceptance by people of a marriage contract and their awareness of all its advantages, it is necessary, first of all, to provide complete, comprehensive 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 filled with doubts: is he being deceived, and does such a contract actually exist at all?


In any case, if you really want to conclude a marriage contract, it is worth involving a competent specialist in family law in drafting it. He clearly has his own experience in this area. You will be able to jointly develop the optimal terms of the marriage contract, which, taking into account all your requirements, will in no way at least they will not offend your future spouse. In conclusion, I would like to say that the opportunity to gain confidence in feelings and freedom can save many marriages, and will also reduce the number of so-called fictitious marriages.