Topic: attitude youth to marriage . Formulation and justification of the problem. Now is the time when most youth enter into marriage without considering his decision as seriously as this question requires. Many people think that having received a passport, they can consider themselves adults and live according to their own rules and principles, regardless of their parents. Some of the youth are entering marriage not having reached the age of majority, having lived for some time, for many of them this leads to divorce. So a search is needed...
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1.Introduction relations depends on the willingness of young people to family life where readiness for marriage is understood as a system of socio-psychological attitudes of the individual, which determines the emotionally positive attitude to family life. The most important social function modern family - the education of the future family man, that is, the preparation of the younger generation for marriage and family relations . This is due to the growing negative processes: ...
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Medical University "Department of Social Sciences and Humanities Essay on the Fundamentals of the ideology of the Belarusian state on the topic:" Problems of modern youth » Completed by: Saleiko M.S. 1st year student, group 12 of the Faculty of Medicine Supervisor: Lukyanova L.I. Grodno 2013 Contents Introduction 3 Main problems of modern youth 4-9 Conclusion 10 Literature 11 Introduction The problems of our youth, in their essence, are problems not only of today's young ...
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attitude towards marriage
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marriage
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2245 Words | 9 Page
Changing the concept of “civil marriage”Changing the concept of “civil marriage”
”
1 Civil marriage - a form of marriage
alternative to the church; unmarried connections;
a marriage union created without the participation of the church.
2 Civil marriage - a marriage registered
in the registry office (records of acts of civil
states).
3 Civil marriage - the term disappears,
replaced by the concept of official marriage,
because this form of relationship becomes
the only legitimate and approved one.
4 Civil marriage - cohabitation
men and women without state
relationship registration.
Male and female view in the understanding of "civil marriage" in modern Russia.
For women, this is rather an imaginary attraction.such a phenomenon. Often women "civilian
marriage” is advertised as a perfectly acceptable form of
relationships, while for themselves they are her
do not consider.
For men, marriage registration as stabilization
relationships is less important than for women. They're in
to a greater extent relative to women distinguish
such a criterion in the registration of marriage
Analysis of the results of the study
The survey included 10 people aged14 to 17 years old. The survey included young men and
girls.
1) The majority of students (84%) accept modern
interpretation of the term "civil marriage" as a family
union not recognized by church and state, the rest
tend to the outdated concept of civil marriage:
family relationships, not sanctified by the sacrament
weddings.
2) 73.1% consider this form of marriage
acceptable to yourself.
3) The most common reason for imprisonment
civil marriage students consider an attempt at rehearsal
family relationships to check household compatibility
(87%)
4) In a civil marriage, you can purchase:
life experience -66%
the ability to respect the space of someone else's life - 10%
the ability to appreciate one's own freedom - 24%\ 5) 54% of respondents consider it possible to have a child
in a civil marriage.
6) To the question “When should a civil marriage give way to
place for legal marriage? students answered:
when partners decide to have a baby - 12%
when financial situation allows - 48%
when partners are convinced of the strength of the union - 32%
when partners have lived together for many years - 2%
never - 6%
7). The majority of students (92%) do not take into account
public opinion about civil marriage.
8) . To the question “What will you do if you are already ready for
legal marriage, and your partner, from whom you
emotionally, sexually or financially dependent,
categorically refuses? students answered the main thing is feelings, not formalities - we will live in civilian
marriage - 44%
make a scandal - 3%
I will suffer secretly - 6%
break up with a partner - 47%.
9) To the question “What are the disadvantages of civil marriage
important to you?" students answered:
people who are in a civil marriage do not have a social status -
32%
people who are in a civil marriage do not have a sense of seriousness
relationships - 23%
people do not have a sense of the inviolability of their position - 2%
this is a huge legal risk – 0%
this form of marriage is usually strongly opposed by my parents—my
and my partner - 41%
civil marriage has no drawbacks - 2%
10) And yet, half of the students (50%) believe that happiness will be
only in marriage.
Conclusion
The results of the study allow us to conclude that the ratiosociety to civil marriage is becoming more and more loyal. Young
people view civil marriage as a trial
that by entering into marriage, partners take on certain obligations
relative to each other. And, importantly, this is done before a significant
instance - before God (in the church), before the law (in the registry office), and before
people - "witnesses" (although now the participation of "witnesses" in the marriage
ceremonies are not required). That's why it's so nice to people who are tired of
obligations, or fearful of them for some unknown reason, lowly
and calm "civil marriage". Its merits are in
freedom of relationships. Such unions, not burdened with a stamp in the passport,
not burdened by social stereotypes about family life.
Civil marriage is maximally open to experiments and creativity. Then
as often, in a formal marriage, people tend to perceive the "second
half "as their own property. "In marriage, sincerity is often replaced
comes diplomacy, trust is replaced by manipulation, and feelings
replaced by habit.
The work I did was very interesting to me. Data received in
result of sociological research, practically coincide with my
opinion.
marriage option. The work was added to the site site: 2015-10-25
Order writing a unique work
INTRODUCTION
1 MAIN FEATURES OF CIVIL MARRIAGE
1.1 THE CONCEPT OF CIVIL MARRIAGE
1.2 PROS AND CONS OF CIVIL MARRIAGE
1.3 YOUTH ATTITUDE TO CIVIL MARRIAGE
2 PROBLEMS OF CIVIL MARRIAGE AND WAYS TO SOLUTION THEM
2.1 LEGAL ISSUES IN CIVIL MARRIAGE
2.2 SOCIAL PROBLEMS OF CIVIL MARRIAGE
CONCLUSION
BIBLIOGRAPHY
APPENDIX
Introduction
The relevance of the work lies in the fact that family relationships, marriage have always been an important moment in people's lives. Everyone wants to start a family in one way or another. In the light of the problems of modern society, the change in the value system, such a phenomenon as civil marriage has become widespread. The existence of this form of relationship causes conflicting views and opinions, which indicates the relevance of the problem. As a result, I would like to study this problem in more detail.
The problem of work is the attitude of young people to civil marriage.
The Westernization of the family lifestyle, widely promoted by the media, has led to some degradation of interpersonal relations among young people and the rejection of established norms of social behavior. Based on the materials of Denisenko M., Dalla Zuanna Zh-P., in the Russian young environment today, sexual relations before marriage are the norm.
In recent years, there has been a trend that de facto marriages among young people are becoming a new stage in the family life cycle, which immediately precedes legal marriage. Scientists give the following explanation for these processes: in recent years, early psychophysiological development of young people has been observed; there are no special restrictions on the transmission of these ideas in the media; in most families, there is a weakening of sexual control over adolescents; there are no social programs for sexual and family education and training of young people.
The subject of the research is youth.
The object of the study is the attitude of young people to civil marriage
The purpose of the work is to consider young people and their attitude to civil marriage.
Work tasks:
1) consider the main features of civil marriage;
2) to study the concept of "civil marriage";
3) consider the pros and cons of civil marriage;
1 Main features of civil marriage
1.1 The concept of civil marriage
The concept of "civil marriage" appeared a long time ago - in those days when registration with state bodies and a wedding in a church were mandatory (most often this happened on the same day: the newlyweds went first to the mayor's office, then to the church). State registration (it was called a civil marriage) without the blessing of the priest was rare and was condemned by the public. And a wedding without an appropriate entry in the registry office today is impossible just like in those days.
Of course, marriage is good. Few argue with tradition. And yet, if you weigh all the pros and cons, you can find good reasons to refrain from the generally accepted.
Sometimes those who do not want to marry do not refuse to create a family at all. But it is precisely such a family that causes surprise and misunderstanding. Two people live together. Year, another, third… The question of relatives and friends “when will you sign?” becomes as familiar as a question about health or the weather. And I don't want to answer it either.
Having some experience of what is called the ugly word "cohabitation", I often ask myself: what prevents us from officially uniting into a "cell of society"?
Not a prolonged attempt to attract attention - that's for sure. And not the desire to challenge the allegedly dying institution of marriage (it will apparently die for more than one century). I would like to think that what holds together is not the notorious stamp in the passport, but mutual obligations coming from within, from trying to be needed. In addition, it is terrible to forget the feeling of "fiance": we do not belong to each other, like property. Hence the caution, the fear of hurting by accident ... It often happens: while the bride and groom are flowers, kisses, “my dear”, “my hare” ... Where does all this disappear with the appearance of a blue blotch in the passport? With the march of Mendelssohn, some important mechanism seems to be jammed, allowing you to see in your loved one the best person in the world. “Pre-family” virtues become habitual, and some of them generally turn into shortcomings. And there is a new attitude to a life partner - as to furniture. You can kick sometimes if it bothers you.
What we call "civil marriage" in legal language is called "actual family", "cohabitation". Historically, the concept of "civil marriage" arose as an alternative to church marriage, that is, consecrated by the church. From the point of view of the current legislation and the explanatory dictionary, a civil marriage is just an official marriage, registered with the state civil registry offices (ZAGS). This is where the confusion arose. So, when we say "civil marriage", we actually mean the actual family, cohabitation.
“Let's live for our own pleasure,” a woman and a man decide, and, bypassing the registry office, begin to coexist under one roof. "If you like it, we'll live," they argue, "if you don't like it, we'll scatter in no time." And such a "marriage is not forever" becomes a kind of experimental testing ground, where you can afford almost anything. A wife, in particular, should not iron her husband's shirts and not try very hard in the kitchen, do not adjust, do not hold back, go on vacation with his beloved girlfriend and generally live their own lives, which legal spouses are often deprived of.
Indeed, a civil marriage with a loved one is good because it does not impose such serious obligations as an official one ... And this is not only about domestic obligations. The realization that you have the right to choose and at any moment you can change your life gives a certain psychological independence and a sense of inner freedom. But, by the way, not all "common-law spouses" use these wide possibilities of choice. As life shows, a civil marriage, just like an official one, blocks new relationships with other partners, because there is already someone to wait for you in the evenings, there is someone to take care of. It is far from uncommon that couples who have gathered to live with each other for some time spend their whole lives together.
1.2 Pros and cons of civil marriage
Once upon a time, the term "civil marriage" meant family relationships that were not consecrated by the sacrament of the wedding. Today, the definition has extended to family unions that are not recognized not only by the church, but also by the state. In such families, husband and wife are bound exclusively by love and an oral contract. Are legal formalities so important in this case?
A union is considered a civil marriage if the couple lives in the same territory and runs a common household for a month.
In our country, many spears have been broken about civil marriages. Traditionally, society condemned them. Under socialism, a person in a civil marriage could hardly count on a serious position. Now we have all become much more tolerant, suffice it to recall the Kursk governor Alexander Rutskoy: for several years he did not register his union with Irina Popova, and this did not affect his political career in any way.
Civil marriage is not so much a psychological problem as a legal one. Such a small thing as a stamp in a passport protects the property and other rights of spouses and their children. If tomorrow your common-law husband gets hit by a car, you will not be able to keep even his photograph: all the jointly acquired property will go to official relatives.
From a legal standpoint, a civil marriage is a pointless risk. It's like getting to the office on the fifth floor through the drainpipe, because it's more interesting. If you love a person, you will inevitably want to provide him with material security. If you do not want to enter into a legal marriage, then, obviously, you are not yet 100% sure of the chosen one. Maybe you should look for a better partner?
dress rehearsal
So, in what cases is a civil marriage an unconditional blessing?
The most common option is an informal union as a rehearsal for family relationships. You met an amazing person - do not immediately pull him to the registry office! It's nice to live together for a while, find out if you can endure his snoring, and he - your habit of lying in the bathroom for an hour and a half in the evenings. Mutual love and sexual attraction do not yet guarantee domestic compatibility. It is likely that everyday habits will turn out to be so different that it will be easier to part than doom yourself to family life.
Civil marriage is prescribed for young people: students, cadets, young professionals, yesterday's schoolchildren who have barely reached the age of majority - everyone whose desire to love and be loved many times exceeds their financial solvency. In a civil marriage, young men and women will certainly gain invaluable experience, learn to respect the space of someone else's life and appreciate their own destiny. Such relationships are extremely common in the West (although people up to thirty-five fall under the category of "young man" there): they are much more profitable than early marriages, which for the most part break up after six or seven years.
Civil marriage can be a temporary form of personal life - for the period of study, a long business trip or internship. Such relationships very rarely turn into stable family relationships - they are initially created precisely as temporary, and a partner for them is selected according to completely different criteria than for a family. For example, a student for the period of study can choose an excellent student or a shirt-guy, the most cheerful and sociable, as close friends. It is clear that one should look for a husband not so much an intellectual or a joker, but simply an attentive, loving, affectionate, reliable person.
Civil marriage is sometimes chosen by people with an already established biography, for whom a change in marital status is associated with breaking the habitual image. American singer Madonna every six months appears in society with a new boyfriend. For a shocking singer, besides a millionaire, this is quite normal. After all, marriage would require her to radically change her image, and it remains to be seen how this would affect the business.
"New Russians", who marry for the second and third time, also vote for civil marriage with both hands. All assets (apartments, cottages, bank accounts, etc.) have already been registered to the first spouse. New divorce is fraught with too great financial difficulties for entrepreneurs, so they are trying not to bring the situation not only to another divorce, but to marriage. On the other hand, children born in new informal marriages are nobly registered in their own name.
The relationship that has formed after all these manipulations cannot be called cloudless: a man has to maneuver between his former (legal) and new (civil) wives, one of whom is wounded by his betrayal, the other by his cowardice (does not want to marry her). Only very strong-willed people are able to withstand such a triangle.
Civil marriages have their psychological advantages. Unions that are not burdened by a stamp in the passport are not burdened by social stereotypes about family life - such as, for example, “a woman is a housewife, a man is a breadwinner”, “the budget should be common”, “not a step to the left”, “you need to please to all the spouse's relatives. Civil marriage is maximally open to experiments and creativity, husband and wife easily agree to other roles: she is a breadwinner, he is a housewife.
In an official marriage, on the contrary, people tend to perceive the "second half" as their property. As the American Ambrose Bierce said: "In marriage, sincerity is often replaced by diplomacy, trust is replaced by manipulation, and feelings are replaced by habit."
How to calculate the time when a civil marriage should give way to a legal one? In the West, this divide is easily defined: spouses are officially registered when they decide to have a child.
The cost of freedom
For freedom, as you know, you have to pay. People who are in a civil marriage do not have a sense of the inviolability of their position, the seriousness of the relationship. They are deprived of a certain social status. This form of marriage is usually strongly opposed by the parents of the husband and wife. So, if you want to go to your mother-in-law for pancakes, it’s better to formalize the marriage with your daughter quite officially.
The main enemy of civil marriages - public opinion, which considers such experiments too extravagant and frivolous. To make a political career, you will not only have to get an official wife, but also be more strict about your informal personal life. As the sad experience of Clinton and Skuratov shows, the fact of adultery can easily be used by your enemies as an instrument of blackmail.
Once again, informal family relationships are a huge legal risk. If something happens to one of the spouses, the second one will lose all real estate and property overnight
Children also react painfully to the unsteady status of parents, especially if someone in the yard or at school makes fun of them about this.
There is only one advice here (if you do not want to become a legal husband and wife in any way): teach your child to be proud that his family is not like others - this is not the last situation in his life when it is important to appreciate your difference, not similarity.
Civil marriages become evil when one of the spouses (usually a woman) unwillingly submits to the will of a partner. She loves him and is afraid of losing him, but he uses her emotional, sexual, and possibly material dependence, leaving himself room for maneuver. He categorically refuses to marry, but she either plays along with him, arguing that the main thing is feelings, not formalities, or arranges scandals, or suffers secretly. This precarious situation can last for years. Psychologically, it is very traumatic.
1.3 The attitude of young people towards civil marriage
In recent decades, negative trends in marriage and family relations among young people are clearly visible: the moral and psychological climate in youth families is deteriorating; the number of divorces and the number of single mothers is growing; the moral and sexual norms of young people are deteriorating; there is a denial by the majority of young families, including students, of the principles of cohabitation of the older generation; there is a predominance of professional and career values over family ones; there is a spread of various forms of marriage: legally registered, guest marriage, remarriage, actual marriage, swinging, group marriage, etc.
During the formation of the economic structure in Russia, clearly outlined changes in family attitudes and family values are also visible.
One part of the youth believes that civil marriage is
step in building a family relationship. And the other part thinks that a civil marriage is not needed to create family relationships. Most young people are supporters of civil marriage and it can be assumed that civil marriage is a “rehearsal” of family relations, and is necessary for partners to get to know each other and think whether they should end a civil marriage with a wedding. Thus, we can conclude that most official relations are preceded by a civil marriage.
It is impossible not to note some problems in the formation and development of the nuclear family. So, if a young family lives with their parents, then the latter take on some of the household chores. As a result, young spouses have more time to get an education, improve their intellectual level, and spend their leisure time. Due to this, there is a decrease in psychological stress, there is no division of household duties only between young spouses, a less intense and emotional nature of relations between family members is observed. At the same time, the constant communication of a young couple with their parents can create numerous reasons for conflicts, since there may be inconsistency in the views of generations on life values, on the fulfillment of family roles. Therefore, to maintain a healthy moral and psychological climate, both in the extended and in the nuclear family, more culture, endurance, and tact are required.
Many, fearing divorce, plan to be childless or want to have only one child. Negative family experience leads to the fact that about half of the divorced spouses potentially become supporters of extramarital relations for some time, refuse to remarry.
Divorcing spouses, as studies have shown, are characterized by differences in vital interests, aesthetic tastes, ideas about forms of leisure, lifestyle, and moral standards.
In recent decades, there has been a tendency to increase the level of divorce under the influence of socio-economic factors. Moreover, among people with a high level of education and income, the divorce rate is higher than among representatives of other groups. As can be seen from the materials of empirical studies conducted in our country and abroad, the likelihood of divorce increases in the following cases: if one of the spouses or both spouses grew up in an incomplete family; if before marriage the spouses had too short or too long premarital period; if there was a premarital pregnancy, etc.
In connection with the above, among all student families, families with children deserve special attention. It is they who face the greatest difficulties, including such as combining studies with the problems of arranging family life and raising children. It should be noted that only 39.6% of family respondents, based on the materials of our study, have children. Students are twice as likely to become parents absentee form learning. This can be explained by the fact that among correspondence students, the majority of family respondents are legally married. The latter once again confirms that there is a tendency to postpone the birth of children until the moment when family relations are formalized. In addition, part-time students are older than full-time students, which also explains the presence of children in their families. Almost the same indicators were obtained when considering this issue, depending on the gender of the respondents: 58.0% of the respondents, both male and female, did not have children in their families at the time of the survey. At the same time, data were obtained on an approximately equal ratio between Samara and Moscow students with children (45.5% and 41.3%, respectively). If two out of three respondents are assisted in childcare by parents, acquaintances, friends, then one third manages on their own. Similar data are seen in a number of other studies (3; 26). The presence of children in the family leads to a number of additional social difficulties: "... it is the presence of a family, and even more so children, that causes additional financial difficulties for students and increases the need to earn money" .
As noted above, the postponement of marriages, as a result of whatever reasons, is not accompanied by the postponement sexual relations among young people. The latter often leads to unwanted pregnancy, which ends, as a rule, with abortion, an increase in infertility, abandonment of born children, etc. Thus, there are signs of family disorganization among student youth. And this leads to a weakening of feelings of family duty, weakening family traditions weakening the attitudes of marital and family fidelity.
2 Problems of civil marriage and ways to solve them
2.1 Legal problems of civil marriage
More recently, spouses who lived in a civil marriage were a rarity. But now the situation has changed dramatically. As statistics show, today many young people in our country prefer either not to formalize their family relations at all, or to live for some time without registering a marriage. This form of living together can be treated differently. Some consider it debauchery, while others, on the contrary, see civil marriage as a panacea for many family problems. In any case, civil marriage has taken a strong place in the system of family relations, and psychologists, lawyers, and sometimes even politicians have to reckon with this.
Note that in most Western countries the problem of civil marriage is generally absent. In the legislation of many European countries, the actual residence of a man and a woman is a marriage, and registration, which is often carried out only by religious organizations, is considered solely as a tribute to tradition. In our country, from the first years of Soviet power, the state assumed the function of registering marriage relations, which in some cases complicates the legal status of participants in a civil marriage.
Every lawyer who advises on family law issues regularly encounters problems one way or another related to the residence of spouses in a civil marriage. Unfortunately, the often erroneous idea of civil marriage gives rise to a lot of problems, which are sometimes impossible to solve. In this article, we will try to consider the most important legal issues related to civil marriage in order to clarify its essence, legal consequences, and possibly warn against rash actions.
First of all, it should be understood that the phrase "civil marriage" is not a legal term, but a purely everyday concept, which is used to denote the cohabitation of a man and a woman without state registration of their relationship by the registry office. The law recognizes only a marriage that has been properly registered, and any other form of relationship is not marriageable (Article 10 of the Family Code of the Russian Federation). Often people who have not lived together for a long time and do not know anything about each other, if their marriage is not dissolved, are considered husband and wife from the point of view of the law, and, on the contrary, a man and a woman living for many years "without a stamp in the passport" are not are.
Most of the issues related to living in a civil marriage are related to maintenance obligations after the termination of relations between "civil" spouses. So, you should know that children born to parents who were not in a registered marriage have exactly the same rights as those born in an official marriage. Therefore, maintenance obligations, in accordance with Article 53 of the Family Code of the Russian Federation, arise in a similar way. However, it should be noted that in a civil marriage there is no presumption of paternity of the spouse, i.e. rules according to which the father of the child, born of a woman who is in a registered marriage, her spouse is recognized. Here, in order to establish paternity, the recognition of paternity by the pope is also required, which is carried out by submitting a personal application to the registry office. If the father of the child is recorded only from the words of the mother, then it is quite possible that paternity will have to be proven in court.
The judicial procedure for establishing paternity, according to Art. 49 of the Family Code of the Russian Federation, is provided for those cases where the parents were not in a registered marriage and the father of the child denies his paternity. Mom, as well as any other interested person (for example, grandparents) "has the right to sue for recognition of paternity and recovery of alimony. Unfortunately, there are a lot of such cases in Russian courts today, due to the popularity of civil marriage.
There are several problems with such disputes. As a rule, it is extremely difficult for a young mother to participate in a lawsuit and pay for the expensive services of lawyers. In addition, for 100% confirmation of paternity, a forensic genetic examination is required, the cost of which is also quite high. There are examples when, due to the lack of money for an examination, cases of this nature are considered for several years, but there are no decisions, and, accordingly, there is neither alimony nor financial assistance to the child. This is seen as one of the main shortcomings of civil marriage. In fact, due to the fact that the parents did not formalize their relationship, the child suffers.
However, it should be pointed out that in a civil marriage it is allowed to conclude an agreement on the payment of alimony for a child. This agreement can provide for the amount, terms, and conditions for the payment of alimony, as well as other forms of child support (for example, the provision of any property). If such an agreement is notarized, then there is no need to go to court for its execution, because. it has the legal force of an additional sheet and is subject to enforcement by bailiffs. However, the agreement on the payment of alimony, according to Art. 103 of the Family Code of the Russian Federation, should not worsen the situation of the child in comparison with the guarantees established by law, i.e. the amount of alimony should not be lower than the amounts usually assigned.
Many are also interested in the property relations of a spouse in a civil marriage. Cohabitation does not entail legal consequences in terms of the emergence of jointly acquired property (Article 36 of the Family Code of the Russian Federation). It turns out that until the marriage is registered, each of the spouses has their own personal property, and if a dispute arises, it is very difficult to prove that some thing was bought with jointly earned money and is common property.
In an official marriage, it does not matter to whom this or that property is registered. If it was acquired during marriage (with the exception of gifts and inheritance), then it is considered joint matrimonial property, which is divided in half or in a different proportion, depending on who the child remains with after the divorce (Article 39 of the Family Code of the Russian Federation).
Living in a civil marriage, it is impossible to conclude a marriage contract. Rather, this agreement will not be considered marriage and will enter into force only from the moment of state registration of marriage (Article 41 of the Family Code of the Russian Federation). However, the Civil Code does not prohibit citizens from entering into agreements on the use of common property and its section under certain circumstances. Such agreements, unlike a marriage contract, are not subject to notarization, which to some extent facilitates their conclusion. However, in our country, so far, a marriage contract, and, even more so, an agreement on the property rights of spouses living in a civil marriage, is a rarity.
Very often, people who are in a civil marriage are concerned about housing issues. So, for example, does the right to reside in an apartment arise for a person who has moved into the apartment of his "civil" spouse and is he subject to eviction in the event of termination of marital relations? Here it should be said that the current housing legislation needs to be substantially adjusted in connection with the changes that have taken place in recent years. So, in the Soviet period, the right to use a dwelling arose only if a person was registered in this dwelling. In all other cases, there was no right to housing.
Back in 1995, the Constitutional Court of the country recognized such a practice as not complying with the norms of international law and the new Constitution of Russia of 1993. Since then, the court, when considering a dispute on recognizing the right to use residential premises (including at the claim of the former "civil" spouse), is obliged to establish whether the person was actually moved into the dwelling or not. If the move-in took place, then the right to use the dwelling is considered to have arisen and is subject to judicial protection. Thus, if a civil marriage is terminated, and the settlement has taken place, then you can claim the right to live in an apartment.
If the apartment belongs to the state or municipal housing stock, then, on the basis of the Housing Code of the Russian Federation, citizens settled by the tenant in this residential premises acquire the right to use the residential premises equal with him and other cohabiting family members, unless otherwise stipulated in the agreement when the settlement of these citizens. In the event that you wish to "specify otherwise", a written contract must be concluded, as it is almost impossible to prove a verbal transaction.
If the apartment is owned, then it should be noted that Art. 292 of the Civil Code of the Russian Federation grants the right to use the owner's residential premises only to members of his family. At the same time, there are several interpretations of the term "family": according to some experts, a family arises only after marriage is registered, however, judicial practice shows that in such situations it is possible to achieve recognition of the right to use residential premises.
In some cases, there is a need to confirm the fact of marriage with a particular person. This usually happens when one of the persons who were in a civil marriage died, and the second claims the inheritance. Here it is necessary to seek the establishment of marital relations in court. This is done at the request of the person concerned on the basis of any evidence, including testimonies, documents and others.
So, in general, we can say that civil marriage is outside the right field. However, the relationship between those who prefer not to interfere with the law in their personal lives, nevertheless, gives rise to certain legal consequences. In a civil marriage, of course, there are pluses and minuses. Therefore, when making your choice, it is necessary to take into account the legal aspect.
2.2 Social problems of civil marriage
First, let's conduct a thought experiment: imagine that you, say, went out into the street and asked passers-by what they think the phrase "civil marriage" means. Surely nine out of ten will say that this is a joint life of a man and a woman without official registration of marriage. Those who begin the prehistory of their problems with the words "we lived in a civil marriage" also think so. But from the point of view of the Russian language and common sense, alas, it often turns out that they did not live in a civil marriage!
After all, "civil marriage" is not a "union without registration" at all. Once upon a time, a civil marriage was called precisely a marriage registered in the bodies of registration of acts of CIVIL status - as opposed to a church one. Let's turn to the same dictionaries: The Great Russian Encyclopedia defines a civil marriage as "a marriage registered in the relevant authorities state power without the participation of the church", and the Small Encyclopedic Dictionary of Brockhaus and Efron adds: "The struggle between church and state led to the establishment in most European countries of a civil form of marriage, according to which marriage is concluded without the participation of the clergy by public authorities." And what is often called today civil marriage is an unregistered marriage, or rather, not a marriage at all, precisely because in such a union no one, as a rule, takes special obligations regarding who he lives with.
Thus, what is usually called "substitution of concepts" happened. It is easy to explain this in general. When the forcible denial and prohibition of church rites began, civil marriage (that is, not registered in the church) became synonymous with something unreliable, short-lived - perhaps it is precisely because of such associations that many cling to this definition, because any union in which no one bears no responsibility, as a rule, it causes a feeling of insecurity ...
Although, as it has already become clear, registration of marriage also does not cause much confidence in life. After all, it is not in vain that the procedure for legalizing marital relations is called REGISTRATION! That is, it makes sense to start this procedure when, in fact, there is already something to register. When at least there is someone for whom you want to take responsibility (and there is someone who voluntarily takes responsibility for you). That is, by "receiving a stamp" the creation of a marriage union, in theory, should not begin, but end.
And if you start with this, it’s clear that not everyone will want to play such a “marriage roulette”: maybe it’s impossible to live under the same roof with a potential husband (wife), in a year or two they will want to run away, but it’s impossible - they are bound by law (namely, by law, and not by common obligations, not by mutual feelings, not by a mutual desire "to live together, live and make good ...") And it is not surprising that many are not drawn to register SUCH a marriage - after all, you actually have to register something that does not exist (and it is not known whether it will be further) !
Here it is necessary to recall with a kind word such a phenomenon as "trial marriage". It seems that this is also "unregistered cohabitation" - however, it has its own psychological rules, and each participant has its own rights and obligations (that is why I took the liberty of calling such cohabitation MARRIAGE). And if these rules are not followed, then this is not a trial marriage, but the same unregistered one: the relationship is “hanging”, it is not clear who is responsible for what, and deep down at least one (or even both) has a desire not today -tomorrow to run away (namely run away!) from a partner (partner) ...
By the way, it is this fact - the possibility of supposedly "remaining free" - that most often attracts supporters of "civil marriage" (however, at least here we will call it by its proper name - cohabitation). Like, how good - here you have the benefits of living together, and at the same time the desired freedom (it means "freedom" and personal, and economic, and sexual - for whom, as they say, what hurts ...) But alas, this is just an illusion freedom: in society, any person is free to the extent that his actions do not infringe on the freedom of others - this is the first. Secondly, cohabitation also limits both in freedom: both personal (at least partially your schedule will be subordinate to the schedule of your roommate), and economic (both will still have to finance food and life), and sexual (at least taking into account the rampant sexually transmitted diseases way). And third: such "suspended" relationships, when both are unlikely to say with certainty whether they will be together tomorrow and the day after tomorrow, limit both in raising their social status - at least it is not known whether they should buy, for example, a new car or big apartment? And in general, is it possible to make any significant investments if it is not known which of them will own all this tomorrow and will it not be necessary to share purchases and profits with a scandal after a while?
In the same way, cohabitants are not free in resolving the "children's issue", although they often do not think so. How many times has this situation been mentioned: a man and a woman lived together, believed that they were married (at least one of them thought, which happens more often). Then the man told the woman - I want a child, she did not mind and became pregnant, and when the problems associated with expecting a child (both psychological and material) began, the man said "now I don't want to" - and disappeared. And no one gave him a decree, because in his desire, he, pardon the pun, did not sign.
Yes, in such a situation, in the first place, a woman is not free, who was left to decide the fate of the child alone (especially if physiological terms no longer provide much freedom for decisions). But a man is not free either - even if he ran away completely: he is not free from public censure (in some places this is still significant), from possible problems with the relatives of this woman, or even from a lawsuit to acknowledge paternity ...
And this is just one of conflict situations in cohabitation, which is in no way a marriage, a family, and even less a marriage - and not so much according to the law, but in fact! This means that in such an "alliance" it is at least naive to hope that your partner, when making any decisions (especially if they affect your mutually exclusive interests), will take into account your needs. And it is equally naive to make claims that this person behaved this way and not otherwise - in most cases, alas, he does not owe you anything, and is free to do as he (she) pleases!
Actually, this is the answer to all those who make claims like "why do you consider marriage only the one that is recorded in the dusty registers of the registry office, and the rest you call cohabitation?"
I do not consider an unregistered marriage as cohabitation, but our administrative and legal norms. As for me as a specialist, I recognize as marriage (that is, a union in which both TAKE certain mutual obligations) what my opponents recognize as such. If specifically you consider each other husband and wife - and consider it to your health, who argues with you! The main thing is that in such cases, both you and your partner should have a common opinion. And it often happens that one considers himself a family man, and the other - free ...
And even if you object with passion that you don't need all these mutual obligations, because "we love each other and that's enough!" - also your right: not needed so not needed. However, firstly, do not forget that there is no unambiguous definition of love yet, and everyone is free to understand it in their own way. But the discrepancy in the assessments of this feeling can lead to serious disagreements and disappointments. And secondly, it is not for nothing that the old wish for the newlyweds, which has come down to our days, sounds like this: "Council and love!" Pay attention - love is in second place here, and above all, young people want to "live in council", that is, to be like-minded, the same spouses who are "one Satan." So, alas: for full-fledged marriage and family relations, no matter how cynical it sounds, love alone is not enough.
Therefore, let's still not "out of business" operate with the concept of "civil marriage".
If we are talking about “civil marriage possible in our conditions” (when all registrations are civil and there are no church ones), then such a model could be proposed. If we consider the concept of "civil marriage" as "marriage performed bypassing official registration methods", then we can assume that there are, for example, he and she, who mutually and sincerely want to start a family, consider themselves husband and wife and intend to take in respect each other certain marital obligations. But for some reason, they cannot officially register. Then they can go, say, to a notary and write there something like a marriage agreement: "We, such and such, in our right mind and memory, call each other husband and wife with all the ensuing rights and obligations."
Conclusion
Summing up the research done, I would like to note that, in our opinion, a huge minus of civil marriage is that it is the destructive force that can finally destroy the institution of the family. All family values, the concept of "family hearth" may disappear.
We also note that a civil marriage, or rather people living in a civil marriage and the children who may be born in it, all of them do not have legal protection.
For today's law, there is no difference - you are scheduled or free. True, if you are not married, registering a child takes a little longer and more troublesome, because it requires the presence of both parents. In the application for establishing paternity, dad writes with his own hand that this is really his child, then mom agrees with him (also in writing). After that, the parents together choose the surname and patronymic of the baby. Such a family is “capable” in the eyes of the law - in which case the spouses will act with slander in court, divide the child, saw furniture and count spoons in the same way as they do when receiving a divorce certificate. The only difference is that a "legal" divorce is doomed to a trial, while for a "civil" one there is an alternative - to fall apart in a good way, without statements, subpoenas and witnesses in court.
At all times there have been staunch opponents of legalized relations. Among them is the famous dancer Isadora Duncan: “... How can a woman marry a man who, in her opinion, is so vile that in the event of a quarrel, she will not support even her own children? If she thinks that he is such a person, why should she marry him? I believe that truth and mutual trust are the first principles of love." Gifted in everything, not excluding love, having given birth to three children, Isadora married only once - to Sergei Yesenin. This happened in Soviet Russia in 1922. “One of the best measures of the Soviet government,” she wrote, “was the abolition of marriage. There, two people sign the book, and under the signature is printed: "This signature does not impose any responsibility on either party and can be canceled at the request of each of them." Such a marriage is the only agreement that any freedom-loving woman can enter into, and the only form of marriage under which I would ever put my signature.
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Appendix
Do couples living together have to formalize their relationship?
| yes, everything should be like people, according to the law | ||
| yes, if at least one of them needs it | ||
| yes, but only if they have children | ||
| Yes, this way you can avoid legal difficulties in the future | ||
| no, so everyone is free in some way | ||
| no, we must first live and get to know each other better | ||
| no, it's just a formality that doesn't change anything |
What changes the "stamp in the passport"?
Why don't you get married?
| I'm already married | ||
| I'm happy with civil marriage | ||
| partner does not offer |
Attitudes of young people towards marriage and family
The theme of this sociological survey "Attitude of young people to marriage and family" was chosen by me not by chance. The study of family and marriage is one of the most important tasks facing sociology. The concept of "family" should not be confused with the concept of marriage. The family is a more complex system of relationships than marriage, because. it unites not only spouses, but also their children and other relatives. The family can be considered as a small social group, the most important form of organizing personal life, based on marital union and family ties, that is, on numerous relationships between husband and wife, parents and children, brothers and sisters and other relatives living together and maintaining a common household; and marriage is a socially sanctioned and regulated form of relationship between a man and a woman, which determines their rights and obligations in relation to each other and to children. .
Family relationships, marriage has always been an important moment in people's lives. In any type of society, virtually every member comes from a family, and in any society, the vast majority of adults are, or have been, married. Marriage is one of the social institutions that have become very widespread. It is in marriage that the foundations of morality, spirituality and tolerance are laid. Through the family, generations of people are replaced, a person is born in it, the race continues through it. So the most important functions of the family are: reproductive, economic and consumer, educational, etc.
The attitude towards love of each generation reflects the features of the time and the psychology of people, bears the imprint of the living conditions and moral and aesthetic principles that have developed in this society. Currently, there are a lot of problems regarding the institutions of the family and marriage. Experts note that a significant part of young people either do not receive information about the family, or receive it insufficiently, which negatively affects both the capacity of the family and the stability of marriages. The number of divorces has increased, there has been a decrease in the birth rate, and hence the demographic crisis in the country. It is estimated that more than a third of divorces occur in families that have lived together for one to three years. Among the reasons for divorces, there is such as disappointment in a partner and loss based on this initial feeling of love. This danger lies in wait, first of all, for those spouses whose acquaintance period before the wedding was short (from three to six months). .
Most divorces are due to causes arising from living together.
The largest number of divorced marriages falls on the age of 25-30 years, when the spouses become quite independent financially, managed to get to know each other's shortcomings well and make sure that it is impossible to live together. At the same time, they are young enough to create a new full-fledged family and have children. Also, a large number of divorces occur at the age of about 40 years. This is due to the fact that the children have grown up, and there is no need to keep the family for their sake, and one of the spouses actually has another family.
The maximum proportion of divorces falls in the first five years of married life. The presence of children in the family directly affects the strength of the marriage. In large families, where the number of children is more than three, the percentage of divorces is below the average.
The problem of “cohabitation” or “actual marriage” is also relevant in our time. This concept is often confused with the term "civil marriage", which, on the contrary, refers to a marriage formalized in the relevant state authorities. Half of Russians (55%) are positive about the fact that young people are increasingly living together without getting married, among young people there are 77% of such people, and only 30% of pensioners. There are more minuses in actual marriage than pluses, and the woman risks the most: a separate problem of civil marriage, primarily for the mother, is common children. In the event of a break in relations, the woman does not receive any rights to alimony and there is a risk of remaining in poverty. Legal insecurity is the second and main disadvantage. Children born in a civil marriage run the risk of becoming "fatherless", as well as losing material assistance from their father and a possible inheritance. Such a family is actually deprived of support from the state. Children born in such a marriage, having matured, begin to think that such relationships are absolutely acceptable, which means that they are unlikely to want to marry ... And this is a small fraction of the negative consequences that marriage without registration bears ..
It is also worth thinking about the problem of increasing the number of early marriages in our country. According to statistics, almost 13-15% of the total number of marriages are early. An early marriage is considered to be a marriage concluded before the age of marriage (in Russia 18 years old) with special permission from the administrative authorities. It is interesting that often marriages concluded at the age of 18-20 are also considered early. Early marriages are a very controversial issue. The causes and consequences of such marriages are being investigated by psychologists and sociologists.
The main reason for marriage at an early age is the expectation of a child. Currently, many young people marry after receiving a vocational education, and after marriage, they are in no hurry to have children, preferring to pursue a career in order to provide material well-being for the family and the unborn child.
The young family has a number of features. They are associated with an objectively insufficient level of material and financial security. Today, the average per capita income of a young family is 1.5 times lower than the national average, 69% of them live below the poverty line. Sociological research shows that early marriage is an important factor influencing satisfaction with family relationships.
When studying successful and unsuccessful marriages, it turned out that in the group of successful families, only 43% got married before the age of 21, and unsuccessful 69%. A successful marriage presupposes a high level of social and psychological maturity of people, since it requires stable attitudes, certain knowledge and skills, which is sometimes not available in adolescence. Young people get married often thoughtlessly. There are various reasons for this move. Statistics show that early marriages in most cases have no future - 90% of them end in divorce.
The French educator Jean-Jacques Rousseau wrote: “The most ancient of all societies and the only natural one is the family. Thus, the family is, if you like, the prototype of political societies ... ". The family in which relations are registered is a full-fledged family, a kind of brick, the main unit of our society. Social relations in general, as well as the level of cultural development of society, directly depend on its forms and functions.
Naturally, the higher the culture of each family, the higher the culture of society as a whole. Therefore, the study of this problem is very important at the present stage of development of society.
In order to study this problem in more depth, I conducted an interview on the topic: "The attitude of student youth towards marriage and family." Among the 13 respondents, there are students of PPI them. Belinsky, Penza State University, Faculty of Pedagogy, Psychology and Social Sciences 1st year students in the direction of "Sociology", including 10 girls and 3 guys, aged 17-18 years.
The respondents were asked the following questions:
1. How do you feel about marriage?
2. What do you think family values should be?
3. What do you think is the so-called. civil marriage?
4. How do you feel about civil marriage?
5. Do you think it's okay to get married while studying at a university?
6. At what age do you think one should get married?
7. How do you feel about marriage at an early age (before 18)?
8. What is your main reason for getting married?
9. Do you want to get married at all?
10. Will you be planning a lavish celebration or a modest registration?
11. Why can a family fall apart?
12. Do you have married friends?
13. Do you approve of their action?
14. Do you have friends who do not marry, but cohabit?
15. Why do you think some couples do not register their relationship?
16. What, in your opinion, are the trends in the development of the family in modern society?
Most of the respondents have a positive attitude towards marriage (84.6%), the rest have not yet thought about their attitude towards marriage (15.4% - mostly male).
The students attributed trust, understanding, respect, love and children to family values.
Answering the third question, the majority of students were wrong, giving an incorrect definition of civil marriage, which indicates that the majority of respondents are not very well aware of such a social institution as marriage (only 15.4% answered correctly).
Only 23% of the respondents have a negative attitude towards the so-called "civil" marriage, the rest of the students spoke in favor of "civil" marriage, arguing that before registering a marriage, it is necessary to live together, to get to know each other better. It can be assumed that "civil" marriage is a "rehearsal" of family relations.
54% of respondents consider it normal to get married while studying at a university, from which we can conclude that today's youth have a poor idea of the full burden of the responsibility of marriage, especially if you combine it with study and work, raising children.
Students considered the most favorable age for marriage to be 20-25 years old (mostly girls - 61.5%) and 27-30 (mostly males - 38.5%).
All respondents have a negative attitude towards marriage at an early age (before 18 years), only 15% reacted positively if it is really necessary (most often a child becomes this necessity at such an early age).
The main reason for marriage young people consider children, love.
All respondents have a desire to get married in the future, only 8% are not sure that they want to get married.
69% of students are planning a magnificent celebration, this indicates that marriage is far from the last place in the life of young people, they strive to keep traditions, remember this day, and take it seriously.
Many believe that a family can break up due to betrayal, distrust, dissimilarity in characters.
46% of students have married friends. To the question: “Do you approve of their act?” only 38.5% responded positively.
54% of respondents have friends who do not register a marriage, but simply cohabit. It is noteworthy that the respondents attributed to the reasons that prevent the registration of marriage: different nationalities, poor relations with parents, lack of confidence in their feelings, financial problems, fear of burdening themselves with worries, various kinds of responsibility, independence of partners from each other (“It’s easier to leave later” ). Girls also call the test of feelings as a fundamental component of cohabitation, and they interpret this by the fact that partners should get to know each other better, prepare for family life.
Summing up, one should pay attention to the common mistake of young people that, when planning to start a family, they rely only on the power of feelings. Young people are not brought up with true respect for the institution of the family, they are exemplified by the unsuccessful marriages of relatives, friends and acquaintances. Most of the students have no idea what a civil marriage is, the legal risk of an unofficial marriage does not bother any student, and this indicates the legal illiteracy of young people, and requires fundamental changes and transformations in the field of legal counseling and premarital education of students.
Thus, a sociological study conducted with students speaks eloquently about the relevance of the problem of civil marriage among young people, requiring new approaches to its solution.
LIST OF USED LITERATURE
family marriage divorce matrimonial
1. Antonov, A.I., Medkov, V.M. Sociology of the family. - M.: Publishing House of Moscow State University, 2006.
2. Grebennikov, I. V. Fundamentals of family life: a textbook for students of pedagogical institutes. - M.: Enlightenment, 2001
3. Aleksandrov, I.F. Family as a primary cell and as a subject of law 2003.
4. Bestuzhev-Lada, I.D. Steps to family happiness, M .: "Thought", 2005.
5. Danilova, E.A. Family as the most important value of youth 2007
6. Zapesotsky, A.I. Youth in modern world. M, - 2006.
7. Sterkin, F.I. What is more profitable - legal marriage, or cohabitation? // Social Security. 2005. No. 4.
8. Filyukova, L.F. Modern young family. M. 2008
9. Shchukina A.S., Bogdanova L.P. Civil marriage in the current demographic situation // Sociological research, No. 7, 2003.
10. Electronic encyclopedia: www.Wikipedia.org
1 slide
2 slide
What do you think, what values do modern teenagers have in the first place: wealth, health, friendship, career and active life, family?
3 slide
The same question was asked to Russian teenagers by scientists in the course of a large study. And, to the surprise of scientists, the greatest value for teenagers turned out to be “a happy family life.” It is even more surprising that it was family life that fell into the number of unattainable values. Scientists have given their explanation for this phenomenon. And how would you explain it?
4 slide
Approximately such explanations for this phenomenon were given by scientists: Eternal employment and fatigue of parents Unwillingness of parents or inability to raise their own children Alienation between family members
5 slide
This is very acutely felt by today's teenagers. But the saddest thing is that they do not believe in the possibility of family happiness. Maybe there is no need to strive for it, maybe the institution of the family has become an anachronism in general? Why do people get married?
6 slide
The word "marriage" is used in a different sense - as a flaw, defect, malfunction. And lovers of puns even joke that "a good deed will not be called a marriage." Let's try to figure it out. What is marriage, how it used to be and how it should be in our time.
7 slide
Work with the concepts of "family", "marriage", "matrimony". 2. The Russian word "marriage" comes from the word "take". Who or what is taken in marriage? Husband, wife, mutual obligations? What is now called "civil marriage"? What obligations do I assume in such a marriage? 3. "Spouses" - means "together conjugated", i.e. 2 people pulling their life cart together. In what case will this "team" lead to a happy family life? And under what conditions will it "slip"?
8 slide
Do you think that when entering into marriage, creating a family, future spouses should agree on the terms, find out what they understand by the word “family”, “marriage”, “matrimony”. Family, marriage, matrimony are the necessary components of the formula of family happiness, when a man and a woman are united by an understanding of the family, common goals of marriage and mutual official obligations of marriage.
9 slide
Discussion on the topic "Civil marriage - "for" or "against". In our time, families are often created without registration of marriage relations, and marriages - without creating a family. Read the theme of our hour. It contains ambiguity. Marriage without marriage. How can this phrase be understood? In what sense is this phrase applicable to the concept of "civil marriage"?
10 slide
Once a civil marriage was called a marriage registered in public institution- in contrast to the church. Now this is the name of the joint life of a man and a woman without official registration of marriage. Is it good or bad? I propose to express arguments "for" and "against" civil marriage. advocates of civil marriage This makes it possible to look at each other, to test feelings It is like a test, an opportunity to assess whether you can cope with the role of a husband or wife If the young do not have money for a wedding, you can live in a civil marriage not because of a stamp in the passport, when love ends, they will scatter - complete freedom! opponents of civil marriage Marriage can only be called in the sense of "mistake", "flaw", because no one takes responsibility, no obligations, which means that there is no marriage there. And spouses cannot be called those who live in a civil marriage, they are not in the same harness, everyone holds on to their freedom. If, for example, this couple lives in the wife's apartment, and suddenly something happens to her, then the husband will simply be on the street. But if she does not want to think about it, then what is this love? If a child appears in this marriage, and the partners are already, why are they not suitable for each other? When a child appears, a man quite often does not feel responsible for his life, he may even doubt whether this is his child, because in this marriage everything was based on freedom, no one gave an oath of allegiance. This cannot be called a marriage, because in this union, as a rule, no one takes special obligations regarding who lives with. And before anyone in such responsibility "does not sign."
11 slide
Skeptics nod contemptuously at the stamp in the passport, which is not a guarantee of love. But such a small thing as a "stamp in the passport" protects the property and other rights of spouses and their children. What are the consequences of civil marriage for the individual and society? Smoothly flows into an official marriage This marriage breaks up, and the partners enter into an official marriage with another partner Lost time, disappointment in family life, hatred of the opposite sex. Loneliness. Population decline, labor shortage, influx of migrants, activation of fascism.
12 slide
In Russia, every second marriage breaks up now. And how many unregistered unions are being destroyed - no one has already considered this. What should be done to strengthen the family, reduce the number of civil marriages? It is necessary to return to the roots, to faith To educate youth, parents, to raise the prestige of a normal family It is necessary to pay men well so that a woman can take care of children It is necessary to give young people cheap loans so that they can buy an apartment, a car, everything necessary for family life
13 slide
Marriage between spouses is, first of all, obligations. Therefore, those who renounce marriage, from matrimony, renounce mutual responsibility.
