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Circumstances Preventing Marriage in the Russian Federation. Possible obstacles to marriage

Factors that impede marriage are established in Art. 14 SK. Their list is minimal and exhaustive. The list, which contains the conditions that impede marriage, is not subject to extensive interpretation. This provision corresponds to the minimum interference of state power in family affairs. Let us further consider the circumstances that impede marriage in the Russian Federation. circumstances preventing marriage

General information

The circumstances that impede marriage are:

  1. Disability due to mental illness of at least one person who wants to join the union.
  2. The presence of marriage ties in any one of the citizens.
  3. Close relationship.
  4. Adoptive and adopted status.

The principle of monogamy

When considering circumstances that impede marriage, this factor should be considered first. The ban on joining another union in the presence of uninterrupted, officially registered relations follows from the principle of monogamy (monogamy). In accordance with it, a woman and a man are entitled to simultaneously be in the same marriage. A person will not be deemed to be in the union if he was terminated (as a result of the announcement of the spouse dead or his death) or terminated. If there is a supporting document, a citizen has the right to enter into a new marriage. Moreover, the law does not define any restrictive periods for joining a second union (there are no "mourning" or "prohibitive" terms after death or divorce).

conditions preventing marriage

Actual relationship

Cohabitation, unions, the entry into which was carried out according to religious, local or national rites, do not act as circumstances that impede the conclusion of a marriage. According to family law, they do not have legal significance. Thus, a person who is in such a relationship may enter into a marital union. However, if the previous marriage was dissolved only in fact, and not in the manner prescribed by law, this will be an obstacle to the conclusion of a new one.

Responsibility for violating the principle of monogamy

The Criminal Code of the RSFSR (Article 235) provided for criminal punishment for double-marriage. The current Code does not provide for such an offense. However, the law gives the right to protect their interests in court. In the event of the presence of another official marriage, it is allowed to file a lawsuit. It can do:

  1. Conscientious spouse.
  2. The prosecutor.
  3. Husband over undisclosed previous marriage.

Prohibition of incestuous unions

Close kinship acts as an obstacle to marriage in all civilized countries. The prohibition of incestuous unions arises primarily from biological considerations. Marriages between relatives often lead to a higher rate of hereditary pathologies and defects. In particular, children born in such a union are more likely than in ordinary, traditional families to have speech defects, mental retardation, and so on. In addition, the prohibition of incestuous unions is dictated by moral standards. In many countries, such marriages are subject to criminal penalties. The domestic Criminal Code does not provide for liability for this. However, the prosecutor or any of the spouses may file a claim demanding that the union be declared invalid.

Family Classification

The list of citizens who belong to people close in blood is given in Art. 14 SK.This list includes relatives in a straight line (descending and ascending). These include, in particular:

  1. Parents and children.
  2. Grandchildren and grandparents.
  3. Brothers and sisters are not full (having a common mother or father) and full.

The law says that having a document that confirms blood proximity does not matter. This provision applies equally to kinship, which is not legally registered. The list above is exhaustive. It follows that others family relationship between persons wishing to become spouses, do not act as circumstances preventing the conclusion of a marriage.

Other cases

The current law does not prohibit the entry into the union of half-sisters and brothers (who have no common parents). This is because they are in a property, not in a relationship. In the same way, the relations of each spouse with relatives of the second side are characterized. More distant degree of relationship also do not appear as circumstances preventing the conclusion of marriage. For example, cousins ​​and brothers, nephew and aunt, niece and uncle and so on can join the union. marriage hinder

Adoptive parents and adopted

The prohibition of marriage between these persons probably stems from moral requirements. The fact is that the relations existing between adoptive parents and adopted children are equated with those between children and parents. The latter is an obstacle to marriage. This provision, respectively, applies to relations between adoptive parents and adopted children.

Exceptions

As a result of adoption, persons may find themselves in kinship in a straight line or in the status of brothers and sisters. These factors will not act as circumstances preventing the conclusion of marriage. A lawsuit regarding the invalidity of the union between the adoptive parent and the adoptive parent may be filed by the prosecutor or any spouse.

circumstances preventing marriage is

Incapacity

Marriage is prevented by mental illness, as a result of which a person cannot lead behavior and understand the consequences of actions. In these cases, a citizen may be declared incompetent by the court. Such persons are not able to express their will on their own and consciously. The presence of this prohibition in the legislation follows from the principle of voluntary family formation. The consent of persons entering into the union must be free and conscious, expressed without any coercion. The state should promote the creation of a normal, healthy family. That is why the legislation defines circumstances that impede marriage.

Disability Recognition Scheme

The procedure is governed by the provisions of Sec. 31 GK. Initiation of proceedings may be carried out on the basis of the claim of one of the members of the legally incapable family, the guardianship and trusteeship institution, and a neuropsychiatric institution. The necessary survey procedures should be carried out before joining the union. An absolute obstacle to joining the union will be the incapacity recognized in court in the manner prescribed by law. When filing a claim, the document of the competent institution must be attached. Mental illness, which did not entail recognition of incapacity, even if it is confirmed by medical documents, cannot be an obstacle to marriage. circumstances preventing marriage

Important point

If the recognition of incapacity took place after the conclusion of the marriage, then such a union cannot be declared invalid. This fact will be the basis for a divorce at the initiative of one of the spouses. If a person who suffers from a mental illness, but has not yet been recognized as an incompetent court, marries, the union can be terminated in the general manner at the suit of this citizen or guardian. The reason will be in this case a vice of will, that is, a violation of the voluntary consent provided for in art. 12, paragraph 1 of the UK. Will not be an obstacle disability established due to abuse of drugs or alcohol.

Who can file a lawsuit?

The application is entitled to be written by a bona fide spouse, legally incompetent (upon his recovery and restoration of legal capacity), guardian, guardianship authority, prosecutor and other persons whose rights are violated by the creation of such a union. The latter should be understood as sisters of children, brothers and other relatives who apply for a pension, inheritance, and so on.

circumstances preventing marriage in Russia

Finally

Thus, the law establishes four circumstances that prevent marriage. These prohibitions are aimed at forming a normal family, raising healthy offspring. By setting restrictions, the state and society takes care of the nation, eliminates hereditary defects, ensures compliance with moral and ethical standards and the exercise of freedom of expression of citizens.


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