Question 1 When divorce court between spouses P

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Uploaded: 25.01.2014
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Task 1 (94)
Question 1
When divorce court between spouses Panini plaintiff applied for division of common property of spouses in equal shares and the transfer of it without compensation items purchased exclusively to meet the needs of their minor child (a musical instrument, and a children's library). The marriage contract between spouses was not made.
Spouse Panin protested against this section, referring to the fact that the plaintiff during the marriage, administered the household and had no independent income.
How should this situation be resolved in accordance with the current legislation?
1) All property acquired by spouses during marriage, shall be divided between them, taking into account the contribution
each spouse in a common household income.
2) In accordance with Article 34, Article 38 and Article 39 of claim 5 RF IC property acquired by spouses during marriage is
their joint property; the division of marital property and determining the share in this
property share of the spouses shall be considered equal, unless otherwise provided by contract between the spouses;
items purchased exclusively to meet the needs of minors heading
and shall be transferred without compensation to the spouse with whom the children live.
3) All property acquired by spouses during marriage, shall be divided between them the money
compensation for items purchased for a minor child, and sent his wife, since
It is home to a child.
Question 2
The couple, who have five children expressed a desire to take on the education of the child of 10 years, left without parental care and located in an educational institution.
How should this situation be resolved in accordance promoting legislation?
It involves whether a device for children in foster care arises between adoptive parents and adopted children alimony and inheritance relationships?
1) In accordance with Article p.Z. 154 RF IC child reached the age of ten years, it may be referred to
a foster family only with his consent. In accordance with para. 2 of the Regulation on the total number of foster care children
a foster family, including relatives and adopted, should not normally exceed 8 people. The
according to claim 5 of the Regulation on foster care placement of children in foster care does not entail
arises between adoptive parents and adopted children alimony and inheritance relations.
2) In this situation, the child may not be transmitted to the receiving family, since in accordance with the
the legislation of the total number of children in foster care should not exceed 5 people.
3) In this situation, the child can be placed with a foster family without his consent. In accordance with
Provision of foster care placement of children in foster care will entail the emergence between
adoptive parents and adopted children alimony and inheritance relations.
Question 3
Ivanov divorced his wife three years after the divorce was a minor child, the wife of Ivanov has not filed for child support. All this time, Ivanov translated the former wife and child money in the mail and brought gifts. Ivanov's wife after three years after the divorce, filed for child support, including the entire three-year period. Can Ivanov refuse to pay alimony tons last three years on condition that he keep the receipt of remittances.
1) Ivanov can not refuse to pay maintenance for the last period, as according to Art. 80 RF IC
parents are obliged to maintain their minor children, the money is not paid Ivanov
means for the children, they had no purpose for the child;
2) Ivanov can not refuse to pay maintenance for the last period, since, according to para. 2, Art. 107 SC
RF alimony for the previous period can be recovered within a period of three years from the date of treatment in
court.
3) Ivanov may refuse to pay alimony for the previous period, if present a receipt
remittances in court.

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