The rights and obligations of spouses are usually divided into two groups - these are personal non-property and property rights and obligations. In their implementation, the principle of equality of spouses in the family plays an important role.
Among the personal rights and responsibilities, one of the first things after marriage is that spouses exercise their right to choose a surname. They can choose the surname of one of the spouses as a common surname, or each spouse retains their premarital surname, or, unless otherwise provided by the laws of the constituent entities of the Russian Federation, adds the surname of the other spouse to their surname.
This group of rights also includes the right of spouses to choose their occupation and profession. Spouses themselves determine whether they will work or whether one of them will be busy with housekeeping. These issues are resolved on the basis of mutual consent of the spouses.
Also, spouses can choose their place of stay and residence. If for some reason spouses need to live in different cities or even countries, the law does not prevent this. However, we must remember that in such a situation it is much more difficult to implement the tasks directly facing the family. Raising children and providing mutual support between spouses still presupposes living together.
Spouses not only can, but are obliged to build their relationships in the family on the basis of mutual respect and mutual assistance, promote the well-being and strengthening of the family, and take care of the well-being and development of their children.
Property relations between spouses can be regulated either by a marriage contract or by law if there is no marriage contract. Despite the fact that the possibility of concluding a marriage contract has been provided in the Russian Federation for a long time, the majority of Russian families do not use this right and build their property relations on the basis of the legal regime of property of the spouses.
Legal regime of marital property
is the regime of their
joint ownership.
This means that property acquired during marriage belongs to both spouses, regardless of whose name it was acquired in. Such property includes the income of each spouse from labor activity, entrepreneurial activity and the results of intellectual activity. The common property of the spouses also includes movable and immovable things, securities, shares, deposits and any other property acquired by the spouses during the marriage, acquired at the expense of the spouses’ common income.
The right to common property is also given to the spouse who, during the marriage, managed the household, cared for children, or for other valid reasons did not have independent income. From these norms of family law it is clear that society attaches great importance to household work and the importance of raising children in the family, which creates the preconditions for strengthening the family, in which both its members and society as a whole are interested [1].
Since the property listed above is the joint property of the spouses, the ownership, use and disposal of this property can only be carried out by mutual consent of the spouses.
When one of the spouses enters into a transaction to dispose of the spouses’ common property, it is assumed that he is acting with the consent of the other spouse. Otherwise, the transaction may be declared invalid by the court.
To carry out transactions for the disposal of real estate and transactions requiring notarization and (or) registration, it is necessary to obtain the notarized consent of the second spouse. If such consent was not obtained, the second spouse has the right to demand that the transaction be declared invalid in court.
Mutual rights and obligations of spouses
Personal and property rights and obligations of spouses arise from the date of state registration of marriage.
Personal non-property rights and obligations arise on the basis of intangible benefits and are subject to legal regulation to a minimal extent, which does not detract from their significance for marriage and family legal relations.
Fundamental to the personal rights of spouses are the constitutional provisions that define the basis of the legal status of the individual (Chapter 2 of the Constitution of the Russian Federation).
Paramount for personal rights and obligations is the principle of equality of spouses in the family (Article 31 of the Family Code of the Russian Federation). Neither spouse can take any advantage or impose his or her will on the other spouse. All issues of family life should be resolved jointly on the basis of mutual respect, based on the interests of the family.
The Family Code establishes the right of spouses to choose their occupation, profession, place of stay and residence. For example, each spouse can independently determine their place of residence. Although cohabitation is the priority, spouses have the right to decide to live separately. When one spouse changes place of residence, the other cannot be forced to follow him. Spouses have the right to choose a surname (Article 32 of the Family Code). When entering into marriage, spouses can choose the common surname of one of the spouses, keep the premarital surname, or add the surname of the spouse to their surname. In the event of divorce, spouses, at their discretion, have the right to retain the surname acquired during marriage or restore their premarital surname. If a marriage is declared invalid, the court returns the premarital surnames to the persons in the marriage. Although a conscientious spouse can keep the surname chosen at the time of marriage. A change of surname does not affect the rights and obligations of citizens and does not entail their change or termination.
Equal rights of spouses are established in resolving issues of family life: raising and educating children, paternity and maternity. At the same time, spouses are obliged to build their relationships on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, and to take care of the well-being and development of their children.
Raising and educating children is the most important function of the family. The well-being and future of children directly depends on the mutual consent of parents, taking into account the interests and opinions of children when resolving important family issues. If insurmountable disagreements arise between parents, they can contact the guardianship and trusteeship authorities or the court. For example, questions about the child’s first and last name in the absence of an agreement between his parents are considered by the guardianship and trusteeship authorities. If the parents live separately, the dispute about the child’s place of residence and participation in his upbringing is resolved in court.
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The property rights and obligations of spouses arise on the basis of material benefits: property acquired during marriage and means of material support that some family members must provide to other family members (alimony obligations).
Current legislation has given spouses the right to independently determine their property relations. The Family Code, resolving the issue of property relations, establishes two modes of property for spouses - legal and contractual.
The legal regime for the property of spouses is the regime for their joint ownership (Chapter 7 of the Family Code of the Russian Federation, Chapter 16 of the Civil Code of the Russian Federation). It is valid in the absence of a marriage contract and is essentially the main one.
The regime of joint ownership applies to property acquired by spouses during marriage, regardless of which spouse it was acquired in the name of and which spouse contributed funds. Such property includes:
1) income of each spouse from labor, entrepreneurial or intellectual activity;
2) received pensions, benefits and other monetary payments for other purposes;
3) movable and immovable property acquired at the expense of general income;
4) securities, shares, deposits, shares in capital contributed to commercial organizations, as well as any other property.
The right to common property belongs not only to the spouse who directly participated in its acquisition, but also to the spouse who, for good reasons, did not have independent income during the marriage. For example, he was running a household, caring for children, getting an education, being sick or on disability.
Russian legislation does not recognize children's ownership of property belonging to their parents.
A de facto marriage relationship does not create joint ownership of property. Disputes regarding the division of property of persons who lived together without registering a marriage are resolved on the basis of the Civil Code, taking into account the degree of participation of these persons in the acquisition of property. Recognition of a marriage as invalid annuls the legal relationship of joint ownership.
Possession, use and disposal of the common property of spouses is carried out by their mutual consent. The Civil Code (Part 2, Article 253) and the Family Code (Part 2, Article 35) are based on the presumption that the spouse entering into a transaction to dispose of joint property acts with the consent of the other spouse. When making transactions with movable property, a power of attorney or other evidence of the consent of the other spouse is not required. Such a transaction can be declared invalid on the grounds of lack of consent of the other spouse only at his request, if it is proven that the other party to the transaction knew or should have known about the spouse’s disagreement. This norm was established in the interests of stability of civil turnover. To carry out transactions with real estate and transactions requiring notarization and state registration, a notarized consent of the other spouse is required. In its absence, the transaction is considered invalid. The statute of limitations is set at one year from the moment the spouse learned or should have known about the completion of this transaction.
Premarital property that belonged to the spouses before marriage, as well as property received by each spouse during marriage as a gift or by inheritance, is the separate property of the spouses. Personal items (for example, clothing, shoes), excluding luxury items, are recognized as property the spouse using them. A differentiated approach has been established with regard to items of professional activity of spouses (musical instruments, medical equipment, computer equipment). They can be classified as personal items if their value is low. Expensive items purchased with common funds are usually recognized as joint property, but when dividing property, the professional interests of the spouses are taken into account. When dividing common property, items necessary for professional activities are received by the spouse who uses them (for example, a computer will belong to a programmer, medical equipment to a doctor). If the value of such items is very high and exceeds the share due to one of the spouses, then the other spouse is awarded compensation.
Separate property of spouses may be recognized as joint property if it is established that during the period of marriage the value of the property of one spouse increased significantly at the expense of common property or at the expense of the labor and resources of the other spouse. This applies to shared items (houses, summer cottages, cars) that have undergone major repairs, reconstruction or re-equipment.
The joint property of the spouses can be divided during the marriage or after its dissolution. The division is governed by dispositive rules, i.e. it is applied only by decision of the spouses. In controversial cases, the division of common property and determination of the shares of spouses is carried out in court.
During marriage, an agreement on the division of property is made voluntarily and applies only to property already acquired. The property that the spouses acquire after the separation agreement will again be considered joint property. The separation agreement is drawn up in writing; its notarization is not mandatory and is carried out at the request of the spouses. The need for such a division may be due to foreclosure on the property of one of the spouses or the desire of the spouse to donate part of his property. Items purchased for minor children and deposits made in the name of common minor children are not subject to division.
Spouses' claims for division of common property after divorce are considered within a three-year limitation period.
The legislation establishes equality of shares of spouses in common property. In the event that one of the spouses is transferred property whose value exceeds the established share, the other spouse has the right to claim compensation. The court may deviate from the principle of equality of shares, taking into account the interests of minor children or the deserving interests of the spouse (for example, if the other spouse spent common property to the detriment of the family). In a situation where actual family relationships ceased long before the legal dissolution of the marriage (the spouses lived separately and had separate households), the court may recognize the property acquired during this time as the property of each spouse.
Thus, the current Family Code of the Russian Federation has significantly expanded the property rights of spouses. It allowed spouses to independently determine the property regime, taking into account the complex structure of the spouses’ property in the new economic conditions.
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Mutual rights and obligations of spouses, parents and children.
A man and a woman who enter into a marriage have both personal non-property and property rights and obligations.
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The personal rights and obligations of spouses are as follows.
When entering into marriage, spouses can, if they wish, choose the surname of one of the spouses as a common one or retain their premarital surname; it is also possible to unite them (double surname). Spouses are free to make decisions regarding the choice of profession, occupation, and place of residence. Personal non-property rights also include the rights:
to jointly resolve family life issues;
giving consent to the adoption of a child by the other spouse;
divorce, etc.
These rights of one of the spouses presuppose the corresponding obligations of the other (the obligation to obtain consent to the adoption of a child, the obligation not to interfere with the choice of occupation, profession, etc.).
Let's consider the property rights and responsibilities of spouses. The law distinguishes between premarital property, which belonged to the husband (wife) before marriage, and property acquired during marriage.
Property legal relations between spouses include:
alimony relations (relations of mutual maintenance of spouses)
The rights and obligations of parents, when certifying the origin of a child from these persons, arise from the moment the child is born and terminate when he reaches 18 years of age, as well as when the minor marries or is emancipated. The parental legal relationship is a set of personal and property relations between a parent and a child, regulated by the norms of family law.
The content of the parental legal relationship is formed by the rights and obligations of the parent and his child in relation to each other.
- 1. Parents have the right and obligation to raise their children (Clause 1, Article 63 of the RF IC). Methods and methods of education are chosen by parents themselves.
- 2. Parents have a priority right to raise their children over all other persons, including close relatives of the child (Clause 1, Article 63 of the RF IC).
- 3. Parents are obliged to take care of the health, physical, mental, spiritual and moral development of their children (Clause 1 of Article 63 of the RF IC). At the same time, parents do not have the right to cause harm to the mental and physical health of their children and their moral development (Clause 1 of Article 65 of the RF IC).
- 4. Parents are obliged to ensure that their children receive basic general education (clause 2 of article 63 of the RF IC).
- 5. Parents, taking into account the opinions of their children, have the right to choose an educational institution and the form of education for their children until they receive basic general education (Clause 2 of Article 63 of the RF IC).
- 6. Parents have the right and obligation to protect the interests of their children without special powers (Clause 1 of Article 64 of the RF IC).
- 7. Parents have the right to demand the return of their child from any person who holds him or her not on the basis of law or a court decision (Clause 1 of Article 68 of the RF IC).
- 8. A parent living separately from the child has the right to communicate with the child, participate in his upbringing and resolve issues regarding the child’s education (Clause 1, Article 66 of the RF IC), and the parent with whom the child lives should not interfere with the implementation of this rights.
- 9. A parent living separately from the child has the right to receive information about him from educational, medical institutions, social protection institutions and others (Clause 4 of Article 66 of the RF IC).
Children's rights and their observance in the family
“CHILDREN’S RIGHTS – OBSERVANCE OF THEM IN THE FAMILY”
Key international documents relating to children's rights.
Declaration of the Rights of the Child (1959).
UN Convention on the Rights of the Child (1989).
World Declaration on the Survival, Protection and Development of Children (1990).
In our country, in addition to these documents, a number of legislative acts have been adopted.
Family Code of the Russian Federation (1996).
Law “On Basic Guarantees of the Rights of the Child in the Russian Federation.”
Education Act".
The listed documents proclaim the basic rights of children: to a name, citizenship, love, understanding, material security, social protection and the opportunity to receive an education, develop physically, mentally, morally and spiritually in conditions of freedom. A special place is given to protecting the rights of the child. It is stated that the child must receive timely assistance and be protected from all forms of neglect, cruelty and exploitation.
Legislative acts recognize every child - regardless of race, skin color, gender, language, religion, political or other beliefs, national, ethnic and social origin - the legal right to education, development, protection, active participation in the life of society. The rights of the child are linked to the rights and responsibilities of parents and other persons responsible for the lives of children, their development and protection.
Art. 65 clause 1 of the Family Code states that “parental rights cannot be exercised in conflict with the interests of the children. Ensuring the interests of children. Ensuring the interests of children should be the main concern of their parents. When exercising parental rights, adults do not have the right to harm the physical and mental health of children or their moral development. Methods of raising children must exclude neglectful, cruel, rude, degrading, treatment, insult or exploitation of children.
Every child, in accordance with the norms of domestic and international law, has the following rights and freedoms in the field of family relations:
- live and be raised in a family;
- know who his parents are;
- to live together with them (except when this is contrary to his interests) and to be cared for by them;
- to be raised by parents, and in their absence or deprivation of parental rights - to be raised by a guardian, trustee or child care institution;
— for comprehensive development;
- respect for human dignity;
- to communicate with parents, grandparents, brothers, sisters, and other relatives; This right is also reserved for a child in an extreme situation, that is, in a pre-trial detention center, hospital, etc.;
- for protection;
- to express one’s own opinion;
- to receive a surname, name, patronymic;
- to obtain funds, subsistence and own income.
Tips for parents.
The child is not to blame for anything in front of you. Not that he was born. Not that it created additional difficulties for you. Not that it didn't meet your expectations. And you have no right to demand that he solve your problems.
A child is not your property, but an independent person. And you have no right to decide his fate, much less ruin his life at your own discretion. You can only help him choose a path in life by studying his abilities and interests and creating conditions for their implementation.
Your child will not always be obedient and sweet. His stubbornness and whims are as inevitable as the very fact of his presence in the family.
You yourself are to blame for many of your child’s whims and pranks. Because they didn’t understand him in time. They spared their time and energy. They began to perceive it through the prism of unfulfilled hopes and simply irritation. They demanded from him what he simply could not give you - due to his age or character. In short, they didn’t want to accept him as he was.
You must always believe in the best that is in the child. To the best that will still be in it. Do not doubt that sooner or later this best will certainly manifest itself. And remain optimistic in all pedagogical adversities.
The child learns what life teaches him
(Barbara L. Wolf)
If a child lives in an atmosphere of love and acceptance, he learns to find love.
If a child is treated with hostility, he learns to fight.
If a child is ridiculed, he learns to be shy.
If a child is shamed, he learns to feel guilty.
If a child is forced to show tolerance, he learns patience.
If a child is encouraged, he learns self-confidence.
If a child is praised, he learns gratitude.
If a child is treated fairly, he learns justice.
If a child grows up in safety, he learns to trust.
If a child is treated with approval, he learns to love himself.
Four commandments of a wise parent.
You don’t just need to love a child, that’s not enough. He needs to be respected and seen as a person; do not forget that education is a long-term process; you cannot expect instant results. If for some reason your baby doesn’t live up to your expectations, don’t get angry. Calmly think about what you can do to make the situation change over time. Don't try to make your child the best one.
It does not happen that a person knows and can do everything equally well. Even the oldest and wisest are incapable of this. Never say: “Masha is already reading at the age of 4, and you?!” or “When I was your age, I did 20 push-ups on the horizontal bar, and you are just a mattress.” But your Vasya glues paper boats. Surely there is at least one thing that he does better than others. So praise him for what he knows and can do, and never scold him for what others can do! Do not compare your child out loud to other children.
Take stories about the successes of other people's children as information. If the conversation that “Misha from the second entrance plays the violin unsurpassed” takes place in the presence of your child, you also need to say something in response. It is important that your child knows that you love him for who he is! Stop blackmailing.
Eliminate the following phrases from your vocabulary forever: “Well, I tried, and you...”, “I’m lying here, sick, and you...”, “I raised you, and you...”. This, citizens parents, in the language of the Criminal Code is called blackmail. The most dishonest of all attempts to shame. And the most ineffective.
If a situation really arises that makes you blush (a child was rude to an old man, threw a tantrum in a store), you need to firmly and decisively take him away from the scene. Self-esteem is not only inherent in adults, so it is very important that the conversation takes place without witnesses. After this, calmly explain why this cannot be done. Here it is quite appropriate to call the child to shame. Indeed, at a certain stage of life, this emotion plays an important and useful role as a brake, preventing one from committing unseemly acts. The main thing is not to forget that everything should have its measure.
Rights of the child in the family
What rights does a child have in the family?
Every born child has the following rights:
live and be raised in a family, know your parents;
to communicate with parents and other relatives when the child lives separately from the parents or one of them, as well as in cases where the parents live in different states;
for family reunification (if necessary, the child has the right to obtain permission to enter and leave the country);
to receive maintenance from their parents and other family members; in this case, the funds due to the child in the form of alimony, pensions, benefits are placed at the disposal of the parents and spent by them on the maintenance, education and upbringing of the child;
for care and education by parents and persons replacing them, as well as the state (in the event that the child is left without parental care);
respect for dignity and protection from parental abuse.
Do I have the right to live together with my parents?
Yes. Living together with his parents is the right of the child (except when it is contrary to his interests), including in the case when the parents and the child live on the territory of different states. The place of residence of minors under 14 years of age is the place of residence of their parents.
At what age do I have the right to express my opinion?
Every child has the right to express their opinion. If you are able to formulate your own views on matters relating to your legitimate interests, then parents and any other adults should not only respect your right to express them freely, but pay attention to them and make decisions regarding you taking into account your views.
Can I express my opinion when deciding any issue in the family?
Yes, you can, but when deciding not any issue, but only one that affects your vital interests (for example, what school should you study at).
Do my parents have the right to force me to change my mind?
On the one hand, neither your parents nor anyone else has the right to “pressure” you to change your opinion or express it against your will. You have the right to express your opinion freely. But, on the other hand, “pressure” from parents should not be confused with the advice and recommendations that your parents give you with the best intentions, with an explanation of your rights. This is the right and responsibility of parents.
When should adult decisions be made only with my consent?
If you are over 10 years old, your consent is required to resolve issues such as:
— change of first and last name;
— adoption;
- restoration of parents in parental rights;
- in a number of issues related to adoption.
If you object to the resolution of the issue on the above issues, then the decision cannot be made against your will.
My parents have decided to divorce and cannot agree on who I will live with. Will the court ask me who I want to stay with? Can I express my desire to live with my father after my parents' divorce?
Yes. You have the right to be heard in any judicial or administrative proceedings. Therefore, you can attend the trial and express your desire to live with your dad after your parents divorce. If you are over 10 years old, your opinion must be taken into account. But if your desire to live with your father contradicts your vital interests (for example, your father has poor living conditions or your communication with him will harm your development), then the court has the right not to take into account your opinion.
Who is obliged to protect my rights and legitimate interests?
The protection of the rights and legitimate interests of children is entrusted to parents, the guardianship and trusteeship authority, as well as the prosecutor's office and the court. It should be noted that if you are recognized in accordance with the law as fully capable, that is, as an adult, then you have the right to independently protect your rights and interests. You have the right to go to court at the age of 14.
My parents often punish me: they scold me, they don’t let me go out, they forbid me to meet with friends, sometimes they even beat me. What should I do in this situation?
Every child has the right to protection from the unlawful actions of his parents towards him. Misconduct includes not only the actions you are asking about, but also instances where parents fail to fulfill their responsibilities in raising you. You have the right to independently apply for protection of your rights to the guardianship and trusteeship authority. Guardianship and trusteeship officials are obliged to listen to you, review your request and take the necessary measures to help. You can contact the school’s social educator; to a social shelter for children and adolescents; assistance center for children without parental care; emergency psychological assistance center - by phone.
I live in a family with my parents and other relatives. What responsibilities do I have to perform? Are they enshrined in laws?
Relationships in the family are formed on the basis of general agreement, taking into account traditions, fair distribution of responsibilities, and respect for each other. It’s good when it’s customary in a family to treat their parents, relatives and friends with respect and help them. At the same time, the child must be able to manage his actions and behavior in the family, among friends and in society, and bear moral and moral responsibility for his actions; engage in self-education and self-education; develop your best natural abilities, learn to apply them in life; acquire knowledge.
