MARRIAGE AS A FOUNDATION FOR EMERGENCE OF PERSONAL NON-PROPERTY RIGHTS OF THE SPOUSES

Abstract

Objective: by disclosing the legal nature of marriage and determining the conditions of its validity, to investigate the procedure of marriage as the grounds for the emergence of personal non-property rights of the spouses. Methods: historical-legal, comparative legal, formal-logical, systematic and structured, specific sociological. Results: the author’s definition of the concept of marriage is formulated; the necessity is proved of amending the Family Code of the Russian Federation in the Articles on conditions and procedure of marriage. Scientific novelty: the author attempted to present the concept that personal non-property relations between spouses are the basis of marriage, and all other relationships arising between spouses are derived from them. Practical value: the findings and suggestions made in the article can be used: first, in the educational process in the course of Family Law of the Russian Federation, secondl in reforming the Family Law, and third, in law enforcement practice.

Keywords

• marriage
• actual marriage
• same-sex unions
• religious marriage
• grounds for the emergence of personal non-property rights of the spouses
• marriage procedure
• marriage conditions
• marriage age
• personal non-property rights of spouses