Content
Introduction
De facto marriage
Degree of areadiness of a problem
Methods ofmeasurement of family and extra family valuable orientations
Sociological methods as the tool of research of a phenomenon of acivil marriage in the Russian society
Conclusion
Bibliography
Introduction
Marriage - itis legally of the free and voluntary union of men and women, aimed at creatinga family and the generates reciprocal rights and duties. It is based on thefeeling of love, true friendship and respect for the moral principles ofconstruction of the family.
The legalframework of marriage is in its registration. In accordance with the law, onlymarriages registered in the prescribed manner, gives rise to rights andresponsibilities of spouses. Marriage is a civil registry states, localgovernments (in rural areas).
Marriage cannot be registered by any other authority. In this case it does not createrights and obligations linked with the emergence of the law of marriage.Believers consider it necessary to perform a religious rite of marriage. Butthis rite has no legal significance.
The wedding inthe church can not replace the registration of marriage. In the interest ofregistration of marriage as a state and society, and citizens. Marriageprovides a necessary compliance with the conditions of his detention, is alsoin order to protect personal and property rights and interests of spouses andchildren of the marriage.
Certificate"Marriage" confirms the registration of marriage. Marriage is at theend of one month after the filing by persons wishing to marry a statement tothe authority of registrar.
But it shouldbe noted that the law set conditions for marriage and the obstacles to itsconclusion. Compliance with the conditions of marriage is necessary for amarriage to become legal force. Condition of registration of marriage is themutual consent of the parties entering into marriage, and they reachmarriageable age. Mutual consent of the parties entering into a marriagedestined to the very essence of marriage is voluntary and free union of a manand a woman.
Defacto marriage
As you known,since 1996 in our country the new Family code operates. And practically rightafter its acceptances a number of the works analyzing its basic norms,including concerning conditions and a marriage order has been published. It isnecessary to carry to such works, first, works of theoretical character:M.V.Antokolskaja, A.M. Nechaeva, L.M.Pchelintseva. All of them are devoted amodern Russian family law and were that theoretical base on which research ofconditions and a marriage order has been constructed. Feature of some theseworks is also that in them is available: a material and the historic-legalcharacter, considering evolution of a domestic family law. Especially successfully,in our opinion, it has been made A.M. Nechaeva which has devoted the wholechapter of the research to consideration of evolution of the domestic familylegislation. Secondly, a number of Comments of the new Russian familylegislation, 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 TVKashanina's works to them and AV Kashanin,OJKosovaja, EAKatkova, GJFedoseyev, OVHyshiktuev. It is necessary tocarry NASemiderkin's who was engaged researches to works of appliedcharacter, basically, consideration of evolution of a domestic family law. Inproblems of transformation of a family law are engaged А.Ю. Konkov,O.G.Kurilenko, M.K.Tsaturova.
Brachno-familyrelations as one of the most significant spheres of functioning of a societywere studied by many researchers, being object of steadfast attention ofexperts 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 considereda family as a part of social structure, considering it as the factor ofprocesses studied by them, but did not investigate marriage and familyinstitutes purposefully. Proceedings of founders of the sociological theoryO.Kont, G.Spenser, E.Djurkgejm, M.Veber, K.Marx, anyhow describing andexplaining forms of a public life, should fix not passing value of thefamily-household organisation of life. From the middle of XIX centurytheoretical problems of a family are in sight of anthropologists andethnographers. During the same time of L. Morgan, observing a social system ofthe 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.LePle, F.Engelsa have great value.
Now the familysociology concerns the category of special sociological theories. Itsallocation in independent branch of sociological knowledge has occurred in60-80th of XX century To second half XX century the considerable empiricalmaterial on the family problematic, demanding theoretical judgment andgeneralisation 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 attemptsto creation of the special sociological theory of a family are undertaken.
Amongresearchers of a family up to 1960th the family theory dominated functions. Forthe first time family functions were divided by P.Sorokin, it is theoutstanding representative of a functionalism, analyzing a family from thepoint of view of its functions or social requirements to which it serves. Itstudies not only family evolution, but also its statistics, functions,typology, external and internal communications. By scientists of the twentiethcentury family transformations have started to be investigated. Twotheoretic-methodological approaches to family studying were at the momentgenerated. The family current state is considered by one researchers from aposition of crisis of a monogamous family (AIAntonov, VMMedkov, And. V.Artjuhov, etc.), others - from a position of transformation of family structures (SIGolod, TAGurko, And. R.Mikheyev, etc.) . Formation of sociology of a family in our country isconnected with a name of A. G.Harchev. Its concept of a family formulatedwithin the limits of a structurally functional paradigm, dominated prior to thebeginning of 90th of XX century Change of a political situation in Russia promoted revision of the basic paradigms within the limits of sociology.
For ourresearch the works considering various aspects of "de facto marriage"as the form of family-marriage relations, first of all, are important. Fordomestic sociology the certain blank in studying of not registeredcommunications between men and women as during the Soviet period they wereconsidered as time, alien to the Soviet society to the phenomenon, remainedfrom the past is characteristic. However now attempts of researches of theproblematic connected with distribution of illegitimate relations are alreadymade. Here it is possible to note TABogdanova and ASSchukin, SIGolod,T.A.Dolbik-Vorobej 's works. Among the researchers directly studying notregistered relations, it is necessary to note V.Kartsev, S.Chujkina, E.Vovk, ABSinelnikov,M.Bosanats, O.J.Kosovaja, A.A.Kletsin And. R.Mikheyev in which works problemsof not registered unions and illegitimate birth rate in Russia are most fullconsecrated. Also among works of researchers of family-marriage relations firstof all it is necessary to note researches of group of the Khabarovsksociologists led by the professor N. M.Baykov. The analysis of the scientificliterature testifies that the social institute of a family is deeply enoughstudied from the various parties. "De facto marriage" phenomenon inour society extends more and more, h...
