Property legal relations of Russian citizens in marriage: historical aspect

Автор: Kulesh T.A.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 5, 2024 года.

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The evolution of property relations within marriages reflects broader societal changes and the evolving understanding of individual rights and responsibilities within the family unit. This article examines the history of property relations of Russian citizens entering into, being in, and having the opportunity to terminate marriage. The analysis of the expired normative acts of the Russian Empire, the USSR and the RSFSR, as well as the current normative legal acts of the Russian Federation, is carried out in order to identify historical changes in this area of law. It is noted that joint property of spouses did not always exist and is an achievement of family legislation of the Soviet period aimed at emphasizing the equality of all citizens, including spouses, among themselves. The pre-revolutionary period was characterized by an emphasis on personal property of participants in family relations, as well as the regulation of inheritance rights. The post-Soviet period of regulation of property relations of Russian citizens in marriage can be considered as continuous with respect to the previous one. A dissonance is introduced into legislative acts by the introduction of the concept of a marriage contract, which implies the fixation of spouses' positions on property even at the stage before entering into marriage. Overall, property relations within the family unit have become increasingly complex over time, allowing for the observation of the dynamism of the development of family legislation in Russia. By tracing the historical development of these relations, we can better understand the dynamics of family law and its impact on individuals and society. Moving forward, it is essential to continue examining and adapting legal frameworks to ensure equity and justice within family relationships.

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Family law, civil status acts, marriage, property issue

Короткий адрес: https://sciup.org/149145473

IDR: 149145473   |   DOI: 10.24158/tipor.2024.5.42

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