Content
Introduction
De facto marriage
Degree of a readiness of a problem
Methods of measurement of family and extra family valuable orientations
Sociological methods as the tool of research of a phenomenon of a civil marriage in the Russian society
Conclusion
Bibliography
Introduction Marriage - it is legally of the free and voluntary union of men and women, aimed at creating a family and the generates reciprocal rights and duties. It is based on the feeling of love, true friendship and respect for the moral principles of construction of the family.
The legal framework of marriage is in its registration. In accordance with the law, only marriages registered in the prescribed manner, gives rise to rights and responsibilities of spouses. Marriage is a civil registry states, local governments (in rural areas).
Marriage can not be registered by any other authority. In this case it does not create rights and obligations linked with the emergence of the law of marriage. Believers consider it necessary to perform a religious rite of marriage. But this rite has no legal significance.
The wedding in the church can not replace the registration of marriage. In the interest of registration of marriage as a state and society, and citizens. Marriage provides a necessary compliance with the conditions of his detention, is also in order to protect personal and property rights and interests of spouses and children of the marriage.
Certificate "marriage" confirms the registration of marriage. Marriage is at the end of one month after the filing by persons wishing to marry a statement to the authority of registrar.
But it should be noted that the law set conditions for marriage and the obstacles to its conclusion. Compliance with the conditions of marriage is necessary for a marriage to become legal force. Condition of registration of marriage is the mutual consent of the parties entering into marriage, and they reach marriageable age. Mutual consent of the parties entering into a marriage destined to the very essence of marriage is voluntary and free union of a man and a woman.
De facto marriage As you known, since 1996 in our country the new Family code operates. And practically right after its acceptances a number of the works analyzing its basic norms, including concerning conditions and a marriage order has been published. It is necessary to carry to such works, first, works of theoretical character: M.V.Antokolskaja, A.M. Nechaeva, L.M.Pchelintseva. All of them are devoted a modern Russian family law and were that theoretical base on which research of conditions and a marriage order has been constructed. Feature of some these works is also that in them is available: a material and the historic-legal character, considering evolution of a domestic family law. Especially successfully, in our opinion, it has been made A.M. Nechaeva which has devoted the whole chapter of the research to consideration of evolution of the domestic family legislation. Secondly, a number of Comments of the new Russian family legislation, different the good; The scientific approach. Thirdly, researches: the family legislation in which are considered a number of problem questions. It is necessary to carry T.V.Kashanina's works to them and A.V. Kashanin, O.J.Kosovaja, E.A.Katkova, G.J.Fedoseyev, O.V.Hyshiktuev. It is necessary to carry N.A.Semiderkin's who was engaged researches to works of applied character, basically, consideration of evolution of a domestic family law. In problems of transformation of a family law are engaged А.Ю. Konkov, O.G.Kurilenko, M.K.Tsaturova.
Brachno-family relations as one of the most significant spheres of functioning of a society were studied by many researchers, being object of steadfast attention of experts of some sciences as in our country, and abroad. Researches of a family, marriage, and birth rate are conducted in sociology, psychology, demography, ethnography and other social studies. Many of classics of sociology considered a family as a part of social structure, considering it as the factor of processes studied by them, but did not investigate marriage and family institutes purposefully. Proceedings of founders of the sociological theory O.Kont, G.Spenser, E.Djurkgejm, M.Veber, K.Marx, anyhow describing and explaining forms of a public life, should fix not passing value of the family-household organisation of life. From the middle of XIX century theoretical problems of a family are in sight of anthropologists and ethnographers. During the same time of L. Morgan, observing a social system of the American Indians, their family life, has created new branch of sociology – a science about a family. It by right consider as the founder of this science. For the analysis of family-marriage relations in works of M.Kovalevsky, F.Le Ple, F.Engelsa have great value.
Now the family sociology concerns the category of special sociological theories. Its allocation in independent branch of sociological knowledge has occurred in 60-80th of XX century To second half XX century the considerable empirical material on the family problematic, demanding theoretical judgment and generalisation has been saved up. Works of foreign authors E.Giddens, U.Gud, D.Popenoe are of interest, etc. Abroad from the middle of 70th serious attempts to creation of the special sociological theory of a family are undertaken.
Among researchers of a family up to 1960th the family theory dominated functions. For the first time family functions were divided by P.Sorokin, it is the outstanding representative of a functionalism, analyzing a family from the point of view of its functions or social requirements to which it serves. ............
