Legal formula of marriage in russian law

Author(s):  O.Yu. Kosova, Irkutsk law institute (branch) of General prosecutor`s Academy of Russian Federation, Irkutsk, Russia, olurko@mail.ru

Issue:  Volume 42, №24

Rubric:  Actual Problems of Legal Regulation

Annotation:  The question of the definition of the marriage is considered from the standpoint of the concept of marriage of a "special institution" («sui generis»), which has deep historical roots in the theory of domestic law and retains its significance to the present day. The author proceeds from the idea that in jurisprudence marriage is treated mainly from its legal aspect. This is due to the necessity of solving the basic problem of family law, which is the legal regulation of family relations. In this aspect, marriage is presented as the basic form of family legal relations. In this aspect marriage appears as a basic type of family legal relations. At the same time, the Family Code of the Russian Federation takes into account the significance of other regulators of the behavior of spouses in the family. In a number of norms the code is guided by socially significant ethical standards which were formed throughout centuries including which are reflected in Christian ideas of a family and marriage. It is shown that, taking into account the multi-confessional nature of Russia, the most accurate legal definition of marriage is the definition proposed by Professor G.F. Shershenevich

Keywords:  the concept of marriage, legal definition of marriage, the Family code of the Russian Federation, equality of the sexes

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