Get this from a library! This website uses cookies to ensure you get the best experience. Encyclopedia of Russian History. On the receipt of such a notice the Registrar’s Office shall inform the person designated as father in the notice. Rights and Obligations of Persons related to One Another. Until the final settlement of the dispute by the court, maintenance to the spouse in need and unable to work must be paid temporarily to the amount and in the form determined by the judge who has decreed the dissolution of the marriage. Annulment is the judicial pronouncement declaring a marriage invalid. Requisites of Marriage. 153. The jurists intended for the code t… It abolished the juridical concept of "illegitimacy" and entitled all children to parental support. [1] Article. Divorce suits are heard by the local judge sitting in public and at his own discretion. 177. 132. Most online reference entries and articles do not have page numbers. New York: Cambridge University Press. Note.-The parental obligations here stated are suspended in the event of the children being maintained by public or governmental care. The Russian Orthodox Church considered marriage a holy sacrament, and divorce was almost impossible. Should relatives refuse support to their relatives who are in need and unable to work, the latter are entitled to claim maintenance in accordance with the rules set forth in articles 108-18 above. (1978). July 6, 1987. It is an official, up-to-date text in Polish. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates. The petition for the dissolution of marriage may be submitted either verbally or in writing, with the official report drawn up thereon. 154. According to state law, a wife owed her husband complete obedience. Rights of Property and Obligations of Children and Parents. Princeton, NJ: Princeton University Press. If the agreement as to the maintenance and education of the children entered into by the parents should not be to the benefit of the children, the latter reserve the right to claim from each of the parents the subsistence determined by law. The first Soviet family code—the Code of Laws on Documents of Civil Status and on Marriage, Family, and Guardianship Law of the RSFSR—was adopted on Sept. 16, 1918 (Collection of Laws of the RSFSR, 1918, nos. All measures concerning the children are taken by the parents by mutual agreement. In cases of adultery or impotence, the responsible party was permanently forbidden to remarry. See also: family code of 1926; family edict of 1944, family laws of 1936; marriage and family life. 71. FAMILY CODE ON MARRIAGE, THE FAMILY, AND GUARDIANSHIP. In the case of dissolution of marriage by divorce or its invalidation, it depends upon agreement between the parents to determine which of the three surnames mentioned in article 145 the children shall adopt. If the property of the deceased [party to a marriage] does not exceed 10,000 rubles in value and consists of house, furniture or working tools, it is left to the disposal of the surviving party, who has equal rights with other relatives entitled to inherit. Wood, Elizabeth. 16 Oct. 2020 . https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/family-code-marriage-family-and-guardianship, "Family Code on Marriage, The Family, and Guardianship 76-77 (1918), Art. Note.-A similar notice may be given by a married woman if the conceived child does not descend from her legal husband. Encyclopedia.com. 150. In RC v IS, 20 Finlay Geoghegan J. approved the following passages from Shatter’s Family Law21 as an accurate general statement of the law: Guardianship describes the group of rights and responsibilities automatically vested in If the parties entering upon marriage are of different nationalities, and one of them is a Russian citizen, change of citizenship, if explicitly desired by the bridegroom or the bride, may be effected in accordance with the general rules. The Russian Central Executive Committee of Soviets ratified the Code on Marriage, the Family, and Guardianship in October 1918, one year after the Bolsheviks took power. Testamentary Guardians can also be appointed through wills by an existing guardian of a child. Goikhbarg and other revolutionary jurists believed children, the elderly, and the disabled would be supported under socialism by the state; housework would be socialized and waged; and women would no longer be economically dependent on men. In case of disagreement between the parents, the question in dispute is decided by the local court with the participation of the parents. 107). 35-37. 100. Then, copy and paste the text into your bibliography or works cited list. Goikhbarg considered the nuclear family unit to be a necessary but transitive social arrangement that would quickly be phased out by the growing communal resources of the state and would eventually “wither away”. 141. Encyclopedia.com. Yet many Soviet jurists believed that the Code was not "socialist" but "transitional" legislation. With embedded articles: A. Goyhbarga - The First Code of Laws of the RSFSR and Z. Tettenborn - Introduction, Moscow, 1918 by n/a - 1918 140. The petition for dissolution of the marriage is presented to the competent local court according to the place of residence of both the married parties; or to any local court chosen by both the parties to be divorced; but if the petition for divorce made by one only of the married parties, it must be presented according to the place of residence of the husband, whether he plaintiff or defendant. גֵּרוּשִׁין), the formal dissolution of the marriage bond. Divorce 176. Persons intending to enter into marriage must have attained marital age. Married persons retain their matrimonial surname during marriage and also after the dissolution of the marriage by death or by declaration of the court that one of the parties is to be presumed dead. Actual descent is regarded as the basis of the family, without any difference between relationships established by legal or religious marriage or outside marriage. 155. The Soviet Law on Marriage : Full Text of the Code of Laws on Marriage and Divorce, the Family, and Guardianship: Union Of Soviet Socialist Republics: Books - Amazon.ca The persons registered as the parents in the register of births are considered as the father and mother of a child. The Russian Central Executive Committee of Soviets ratified the Code on Marriage, the Family, and Guardianship in October 1918, one year after the Bolsheviks took power. If there is no such entry regarding the parents of a child, or it is incorrect or incomplete, the interested parties are entitled to prove their paternity or maternity respectively by legal process. Marriage can be considered void only in those cases foreseen by the law. Added Author Butler, William Elliott, 1939- The Code of laws on marriage, family and guardianship of the Russian socialist federated soviet republic The guardian is also required to authorize any necessary medical or other care for the well-being and health of the ward. This was at the time the most progressive family law in the world. Temporary Guardianship. If the parents are of differing nationalities (if one of them is a Russian citizen) the children’s nationality is determined by previous agreement between the parents as stated by them at the time of celebration of marriage at the Registrar’s Office. Parents may exercise paternal rights over a male child until he attains 18 years of age and over a female child until 16 years of age. 174. 102. 69. Divorce was accepted as an established custom in ancient Israel (cf.…, Code Napoléon (kôd näpôlāôN´) or Code Civil (sēvēl´), first modern legal code of France, promulgated by Napoleon I in 1804. In dealing with the question of guardianship of a minor child, as in other spheres of family law, there is no uniform law. MARRIAGE. Family Code on Marriage, The Family, and Guardianship Persons conjointly bound to provide maintenance are responsible therefore in equal proportions unless the court, on account of differences in their means, of the absence of one of them, or for some other important reason, has found it necessary to regulate in some other way their shares in the fulfillment of this obligation. Stanford Libraries' official online search tool for books, media, journals, databases, government documents and more. 161. Soviet workers, women in particular, suffered high unemployment during the 1920s, and divorce proved a special hardship for women who were unable to find work. It abolished the inferior legal status of women and created equality under the law. The "Guardianship" section of FindLaw's Family Law Center can give you some facts, forms, and answers to common questions regarding becoming or appointing a legal guardian. 159. Persons intending to enter into marriage must have attained marital age. Should the parents refuse to provide maintenance for their children, or should the children be unwilling to maintain their parents in the cases mentioned in articles 161-3, the persons entitled to maintenance reserve the right to claim same in accordance with the rules prescribed in articles 108-18. Up to 1902, when the state enacted limited reforms, a father could recognize an illegitimate child only by special imperial consent. It makes a reference to the United Kingdom as a member of the European Union and was published before the UK's withdrawal from the European Union on the 31 January 2020. Note.-If the address of one of the parties to be summoned not known, and the petition for dissolution of the marriage is presented by the plaintiff according to his place of residence, the defendant is to be summoned in the form prescribed for cases where the defendant’s place of residence is not known. FAMILY CODE OF 1926. . Note.-II. 163. 130. Marriage may be dissolved by divorce so long as both parties are living. 87. If full accord upon the question of maintenance is secured between the parties to be divorced, the judge establishes the amount and form of maintenance to be paid by one spouse to the other at the time of the dissolution of the marriage. Original Source: Sbornik zakonov i dekretov raboche-krest’ianskogo pravitel’stva, Nos. The duty of maintaining the children devolves equally upon both parents, while the amount of the maintenance paid by them is defined in accordance with their means; but the sum expended by either parent must not be less than half of the subsistence minimum established for a child in a given locality. [Hsinwoo Chao; Russian S.F.S.R.] (b) when, as a result of the marriage, the birth of children or the wife’s pregnancy shall have taken place. Goikhbarg, like many revolutionary jurists, expected that law, like marriage, the family, and the state, would soon "wither away.". V. Family Rights The surname of such children is determined by agreement between the parents, or failing such, by decision of the court. Family law, body of law regulating family relationships, including marriage and divorce, the treatment of children, and related economic matters.. It is left to the parents to decide the religion of their children under 14 years of age. She was compelled to live with him, take his name, and assume his social status. The Code presumed that both spouses, married or divorced, would support themselves. The decision of the local court on the dissolution of marriage is subject to appeal in the ordinary course to the Court of Appeal, and is not considered to have legal effect until the expiration of the time during which recourse may be had to the Court of Appeal, unless the parties shall have declared that they have no intention of having recourse to the Court of Appeal. Encyclopedia of Russian History. Book trivia question: The Bolsheviks' 1918 Code on Marriage and the Family made divorce easy and affordable to all. 175. VII. It recognised only civil marriage which, by 1927 was a simple registration process based on mutual consent, and enabled divorce at the request of either partner. The offense of willfully and knowingly entering into a…, Divorce (1993). Marriage is not prohibited to persons who have taken a vow of celibacy even if such persons are members of the white (Catholic) or black regular clergy. The provisions of the present article extend also to children born outside wedlock before the introduction of Civil Marriage (Dec. 20, 1917). In case of abuse the court is entitled to deprive the parents of their rights. III. 129. 1 of the law of 18 March 2016. amending the law-code of family and caring (OJ … The code of laws on marriage, family and guardianship of the Russian Socialist Federated Soviet Republic. Pick a style below, and copy the text for your bibliography. The petition for dissolution of marriage must be accompanied by the marriage certificate, or, if that be lacking, by the signature of the declarant to the effect that the parties are married, with a statement where the marriage took place; the party who gives such information is responsible for its accuracy. The information was last updated in 2013 and may not accurately represent the present situation. . However, the date of retrieval is often important. Striking at the heart of women's oppression, the 1918 Code on Marriage, the Family and Guardianship was the most progressive family legislation the world has yet seen. Up to 1914, a woman was unable to take a job, get an education, or execute a bill of exchange without her husband's consent. Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. 147. 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