A woman as a subject of legal relations with a family element: touches to a modern portrait
Автор: Tarusina N. N.
Журнал: Пермский юридический альманах @almanack-psu
Рубрика: Гражданское право
Статья в выпуске: 6, 2023 года.
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The article examines the most significant aspects of the legal status of a Russian woman as a subject of legal relations with a family element - mainly in the family legal sphere. Attention is drawn to regulatory and legal solutions that provide both a gender-neutral deployment of legal relations and a special one due to objective differences between a woman and a man - on the basis of providing her with a number of advantages. In the institution of marriage, this is most clearly manifested in the discourse on polygamy, in the restriction of a man's legal capacity to divorce during his wife's pregnancy and a year after the birth of a child, in the denial of the need for legal protection of the interests of the actual spouses (as a rule, women). The article analyzes, in the context of ensuring the rights and interests of women, the legal presumption of paternity in marriage and the law enforcement presumption of the mother's pre-emptive right to leave a minor child with her. The current rule of making a fictitious record of paternity is criticized. Attention is drawn to the need to adjust alimony legal relations between spouses (ex-spouses) - both towards gender neutralization and expanding the grounds for supporting a woman in a difficult life situation. The excessively liberal content of the construction of the marriage contract, which does not guarantee the protection of the interests of the weak side of matrimony (as a rule, women), is questioned. Regulatory and law enforcement decisions in the field of surrogacy are criticized, and options for their adjustment are proposed.
Woman, protection of interests, marriage, actual marriage, parenthood, surrogacy, alimony obligations, marriage contract
Короткий адрес: https://sciup.org/147241012
IDR: 147241012