俄罗斯家庭法中自愿婚姻原则的发展

Nelli A Ivanova, Elvira A. Guruleva
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引用次数: 2

摘要

自愿婚姻原则是现代俄罗斯家庭关系法律规制的基础,本文对其起源和发展问题进行了探讨。研究的目的是考察自愿婚姻原则在俄罗斯法律中的发展特点。我们使用一般的科学方法(辩证的,逻辑的,系统的),私人的科学方法(历史的,统计的,社会学的),以及特殊的法律(比较法律,正式法律)。我们注意到,婚姻结合的自愿性质是通过婚姻的自由和解除婚姻的自由而显露出来的。自愿性原则的发展可分为以下几个阶段:前基督教时期、彼得一世统治前接受基督教后的时期、帝国时期、苏联时期和后苏联时期。我们的结论是,自愿条件的发展是一致的,并与社会民主化相对应。我们注意到,国内法对离婚自由界限的定义具有波动的性质:从对离婚的收紧到对离婚的放宽。我们提请注意,离婚自由法律规制的问题是在离婚配偶、离婚子女、离婚社会和离婚国家的个人利益之间寻求最优平衡。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Development of voluntary marriage principle in Russian family law
We consider the issues of origin and development of voluntary marriage principle, which is the basis of legal regulation of family relations in modern Russia. The purpose of the study is to examine the features of development of voluntary marriage principle of in Russian law. We use general scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal). We note that the voluntary nature of the marriage union is revealed through the freedom of marriage and freedom of its dissolution. The following stages are distinguished in the development of voluntariness principle: the pre-Christian period, the period after adoption of Christianity before the reign of Peter I, the period of empire, the Soviet and post-Soviet periods. We conclude that the development of voluntary condition was consistent and corresponded to the democratization of society. We note that the definition of the boundaries of the freedom of divorce in domestic law was of a fluctuating nature: from the tightening of divorce to its liberalization. We draw attention to the fact that the issue of divorce freedom legal regulation is to find the most optimal balance of the personal interests of spouses who are dissolving their marriage, their children, as well as society and the state.
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