Marriage as a legal institution: the concept, history and prospects of development (thesis, 2006)

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Uploaded: 10.04.2007
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Table of contents

Introduction 3
1. History of the institution of marriage in the domestic legislation 7
1.1. The development of the concept of marriage 7
1.2. The institution of marriage in the family law of Russia before Peter I 13
1.3. The institution of marriage in the family law Russian Empire period 15
1.4. Development of the institution of marriage in the Soviet family law 21
2. Marriage in the modern doctrine of family law 29
2.1. Marriage in the family law of foreign countries 29
2.2. Marriage in the family law of Russia 36
2.3. "In fact," marriage and its recognition issues 49
2.4. The marriage contract in the modern doctrine of family law 69
3. Prospects for the development of the legal institution of marriage 78
Conclusion 84
References 88

Additional information

References

1. Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly resolution 217 A (III) of 10 December 1948) // the Russian newspaper. December 10, 1998
2. Convention for the Protection of Human Rights and Fundamental Freedoms, ETS N 005 (Rome, 4 November 1950) (rev. And ext. On September 21, 1970 December 20, 1971, January 1, 1990, November 6, 1990, May 11, 1994) // SZ the Russian Federation. 2001. №2. Art. 163.
3. The Constitution of the Russian Federation adopted by popular vote December 12, 1993 // the Russian newspaper. December 25, 1993
4. Civil Code of the Russian Federation: the first part of November 30, 1994 N 51-FZ, the second part of January 26, 1996 N 14-FZ and the third part of 26 November 2001 N 146-FZ (as amended on 26 January February 20, August 12, 1996 October 24, 1997, July 8, December 17, 1999, April 16, May 15, November 26, 2001, March 21, 14, 26 November 2002 10 January, March 26, November 11, December 23, 2003, June 29, July 29, 2, 29, December 30, 2004, March 21, May 9, 2, 18, 21 July 2005 3, January 10 February 2, 3, June 30, July 27, 2006) // SZ the Russian Federation. 1994. №32. Art. 3331; 1996. № 5, Art. 410; 2001. №49. Art. 4552; 2006. №6. Art. 636.
5. The Labour Code of the Russian Federation of December 30, 2001 N 197-FZ (as amended on 24, July 25, 2002, June 30, 2003, April 27, August 22, December 29, 2004, May 9, 2005 . June 30, 2006) // SZ the Russian Federation. 2002. №1 (Part 1). Art. 3.
6. Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ (as amended on June 30, 2003, June 7, July 28, November 2, December 29, 2004, July 21, December 27, 2005) // SZ the Russian Federation. 2002. №46. Art. 4532.
7. The Family Code of the Russian Federation of December 29, 1995 N 223-FZ (rev. And ext. November 15, 1997 June 27, 1998 January 2, 2000, August 22, December 28, 2004 June 3, 2006) // SZ the Russian Federation. 1996. №1. Art. 16.
8. Federal Law dated November 15, 1997 N 143-FZ "On Civil Status Acts" (as amended on October 25, 2001 April 29, 2002, April 22, July 7, December 8, 2003 August 22, December 29, 2004 December 31, 2005, July 18, 2006) // SZ the Russian Federation. 1997. №47. Art. 5340.
9. Fundamentals of RF legislation on notaries, dated February 11, 1993 N 4462-I (as amended on December 30, 2001 December 24, 2002, 8, December 23, 2003, June 29, August 22, 2 November 2004 July 1, 2005 June 30, 2006) // the Russian newspaper. March 13, 1993
10. Russian Federation Government Resolution dated July 8, 1997 N 828 "On Approval of the passport of the citizen of the Russian Federation, the model form and description of the passport of the citizen of the Russian Federation" (as amended on September 25, 1999 and January 5, 2001 January 22, 2002 July 2, 2003 January 23, 2004) // SZ the Russian Federation. 1997. №28. Art. 3444.
11. Russian Federation Government Resolution dated July 6, 1998 N 709 "On measures to implement the Federal Law" On Civil Status "(rev. And ext. On October 31, 1998, 2 February 2006) // SZ the Russian Federation . 1998. №28. Art. 3359.
12. Russian Federation Government Resolution dated October 31, 1998 N 1274 "On approval of forms of application forms on the state registration of civil status, certificates and other documents confirming the state registration of civil status" (as amended on February 2, 2006) // NW. 1998. №45. Art. 5522.
13. Resolution of the Government of the Russian Federation of April 17, 1999 N 432 "On Approval of Rules of filling of forms of civil registration forms and certificates of state registration of civil status" (as amended on February 2, 2006) // SZ the Russian Federation. 1999. №17. Art. 2149.
14. The Federal Law of May 27, 1998 N 76-FZ "On the Status of Servicemen" (as amended on December 31, 1999, June 19, August 7, December 27, 2000, July 26, 30 December 2001 7, May 21

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