According to the Family Code of the Russian Federation, marriage is a free, equal union of a man and a woman who have the goal of creating a family. It gives rise to mutual rights and obligations between spouses. Marriage is a serious step in the life path of every person. In this regard, many people who decide to get married are interested in what types of marriage there are and what is the religious understanding of such a union of a man and a woman. What marriage is and other issues will be discussed in the article.
Concept and signs
There is no legal concept of marriage. But at the same time, there are two doctrinal definitions:
- sociological. From this point of view, marriage is a historically conditioned, sanctioned and regulated form of relationship between representatives of society of different sexes. This concept of marriage is applicable to actual cohabitation, since it implies the formation of rights and obligations between a man and a woman;
- legal. From the point of view of jurisprudence, such a relationship between a man and a woman is an important legal fact that causes the formation of family legal ties. The wedding is carried out in accordance with the procedure established by law with the aim of creating a unit of society called a family.
These types of marriages have fundamental differences. The main one is that marriage in the legal sense becomes the reason for the emergence of legal ties that are regulated at the legislative level.
The meaning of a marriage union is that it represents:
- union of partners entailing legal consequences;
- the form of relationship between a man and a woman;
- a symbol both for partners and for the state;
- a type of agreement between members of society.
The marriage union is characterized by the following features:
- union of persons of the opposite sex;
- presence of family life;
- compliance by the family with the conditions provided for in Article 12 of the Family Code of the Russian Federation;
- official registration of relationships by the civil registry office.
A marriage union in the Russian Federation can be registered by the civil registry office, subject to a number of conditions. The main ones include:
- the presence of voluntary consent of the spouses. It must be expressed orally and in writing;
- reaching a certain age by persons wishing to get married. According to Article 13 of the Family Code of the Russian Federation, the age of marriage in Russia is 18 years. If there is a good reason, you can get married at the age of 16 or even earlier, but the latter is not available to residents of all regions.
There is a popular belief that the lower age for marriage in different regions varies from 14 to 16 years. This is wrong. In the Family Code of the Russian Federation there is no such thing as a lower age limit for legalizing relationships.
Why is cohabitation called civil marriage?
From the point of view of modern legislation, the phrase “civil marriage” in no way correlates with cohabitation without formalizing an official relationship. In accordance with the Family Code, this is precisely an officially registered family relationship. But if you delve deeper into history, it becomes clear that people use this term to denote cohabitation not at all without reason.
The fact is that until 1918 in Russia, marriages took place exclusively in the church (that is, through a wedding). But representatives of some religions (sectarians or Old Believers) for religious reasons could not go through this procedure. Therefore, their relationship was formalized by recording in the metric book. It is this phenomenon, from the point of view of church representatives, that is called “civil marriage.” Moreover, it had no legal consequences. That is, upon termination of cohabitation, spouses could not divide property. And in the event of the death of one of them, the second had no right to be an heir.
Why has the term “civil marriage” become so widespread in modern society? Yes, simply because the word “cohabitation” has negative associations. In addition, the definition of “actual marriage” is more suitable for such relationships, but it has not taken root in society.
Religious understanding
The concept and signs of marriage have been clarified, but for the majority of residents of our country, the religious aspects of such relationships between members of society are no less important. Today, the two most widespread religions in Russia are Orthodox Christianity and Islam. From the perspective of these faiths, the definition of marriage and its understanding should be considered.
What circumstances may prevent marriage?
A church wedding, also called a wedding, is a Christian Orthodox marital union of a woman and a man, concluded in a religious community through a sacred rite. According to Christian doctrine, the wife must submit to her husband, and he, in turn, must love her as Christ the Church. Husband and wife become one flesh and bear mutual responsibility for any actions. Adultery (adultery) in Christianity is a serious sin.
Muslims call marriage “Nikah”. For a process to be considered valid, several conditions must be met:
- the spouse must be an adult and not fall under the category of “Mahram” (a man who is a close relative);
- the bride can be Muslim, Christian or Jewish;
- actions must be voluntary;
- Witnesses must be present during the marriage;
- the man must pay the bride price.
The number of wives in Islam is limited to four. Temporary marriage and its forms are not permitted among Sunnis, but are legal among Shiites.
Forms
There are various forms of marriage in the modern world. The most common of them include:
- ecclesiastical, concluded by the church. Such marriages were widespread in the Middle Ages. Such unions are still recognized as legal in many countries, for example, Great Britain and Poland;
- actual, called civil in Russia. In some countries, such as Ecuador and Germany, it is considered legal;
- When listing the forms of marriage, it is necessary to mention temporary, practiced in Muslim countries. Its terms and validity period are specified in the contract, upon the expiration of which any legal relationship between the spouses ceases to operate. Why is a marriage of this form necessary? It is practiced with the aim of producing heirs and is due to the reluctance to live together for more time than necessary in order to acquire offspring;
- fictitious. This form of marriage is the official registration of a relationship without the real goal of starting a family. In some countries, such an act is punishable by law;
- morganatic. A union of people having unequal social status. A common phenomenon that was officially prohibited at the beginning of the last century and earlier in many countries, including German-speaking countries;
- same-sex. It is not allowed in Russia, but is practiced and has legal force in many Western European countries. Such couples even have the right to take adopted children into the family;
- in terms of the number of spouses, a family can be monogamous (husband and wife) or polygamous (one wife and several husbands or vice versa). The first form is the most common in the world. Speaking about families with more than two spouses, the “Swedish family” should be mentioned. Despite its name, it is not recognized as legal by Swedish authorities.
Marriage in Russian Family Law is only an official civil union. It may be morganatic or fictitious, but must be formalized. The Marriage Code states that the relationship is registered by an authorized person. Discussions are currently underway to amend the marriage code. The main idea of the discussion is to legitimize cases of actual cohabitation. But such marriages and its forms are still not regulated at the legislative level. The initiative has not been transferred from the discussion plane to the practical one.
Turning to history, you can see that initially in our country the function of civil registry office employees was performed by the church. Now such marriage and its forms are also common, but those getting married must contact both the registry office and the church (the sequence does not matter).
Many people wonder why register a marriage, since you can lead a family life without a stamp in your passport? Therefore, there are hundreds of thousands of such families in Russia.
Procedure for registering a marriage with a foreigner in Russia
This kind of marriage is not recognized in Russia, as are the following types, practiced mainly by young people:
- guest. The main characteristic of a marriage of this type is separation when there is an officially registered relationship in the registry office;
- open form. The legal signs of a marriage of this type are obvious, but the marriage contract stipulates the possibility of relationships on the side;
- trial. There are no legal signs of marriage. In essence, this is living together without legitimizing the relationship.
Russia is actively adopting the experience of foreign countries, but the type of marriage with registration of relations in the registry office is the only form regulated at the legislative level. The concept of marriage under Family Law is unlikely to change anytime soon.
The meaning of the word marriage
Examples of the use of the word marriage in literature.
By mutual consent, Aaron and Melissa were married for the fourth cycle.
Apparently, Laura Aberdeen tested the waters about divorce and realized that her husband would not let her go.
If it is asked how it happened that the College of Pontiffs agreed to recognize the legality of the marriage of Augustus and Livia, the answer is simple: my grandfather and Augustus were both pontiffs, and the great pontiff was Lepidus, who did everything at the direction of Augustus.
The only opponent of this theory of Miropa Dmitrievna was the ever-healthy and still single captain Haggei Nikitich Zverev, who argued that for a happy marriage, only love and a pretty wife are needed.
From the relations presented successively in the civil court in the city of Agra and in the supreme court in Delhi, it is clear that in the year one thousand eight hundred and nineteen Begum Gokool, the widow of the Rajah of Lukmissour, who inherited a significant fortune after his death, remarried a foreigner Jean-Jacques Langevol , French by origin.
In this marriage they had a daughter, Charlotte Addison, who, after the death of her mother, inherited the estate in Wilton, near Rugby, bought by her father, and died an old maid at an old age.
Does the annulment of a marriage as invalid entail the termination of alimony obligations?
The annulment of a marriage as invalid entails the termination of alimony obligations only between the spouses.
However, the marriage was unsuccessful, and soon Almquist, leaving his wife, returned to Stockholm.
Or she doesn’t want to cheat on Brian, her fiancé in Juneau, even if it’s a formal marriage - Hellen’s contract for exploration of the Alaskan taiga was ending, and she didn’t want to return to her homeland.
Ces Ambre is Alem's daughter from a previous marriage, and the pale boy, completely bald - who appears to be about eight standard years old - is the child of this union, although I have never found out who his biological mother is.
And thirdly, the product of this marriage, the angelic Olga, Maxim’s wife, who took him beyond good and evil, beyond life and death - she was not just a woman, but half an angel and half a Martian.
To many this marriage seemed obscene, but Andronik did not pay attention to it.
Not so long ago I entered into a de facto marriage with Perspective Stepanovna, who unforgettably loved me, the daughter of a well-known professor of anthropophagy, leading the department of animal linguistics and choreography at the Institute of Melancholy and Gustatory Therapy, which de facto morganatic marriage was, for greater durability, formalized by me and Perspective in the registry office and in Orthodox and Catholic churches, as well as in a mosque, synagogue and Buddhist temple.
He won my daughter’s love for himself, And I was glad that Armin’s tribe would remain here forever, and I married her.
Source: Maxim Moshkov library
