Family law presentation on social studies. Presentation for the lesson "family law"

Description of the presentation on individual slides:

2 slide

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Outline What is family law? Conditions for marriage and obstacles to marriage. Rights and obligations of spouses. Marriage contract Rights and obligations of parents and children.

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Family law is a set of legal norms that regulate relations between people in connection with marriage, the creation of a family, the birth and upbringing of children. Goals of family law Strengthening the family and building family relationships based on love and respect, mutual assistance and responsibility to the family of all its members. Ensuring the unhindered exercise by family members of their rights and their protection, preventing arbitrary interference by anyone in family affairs.

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The subject of legal regulation is marriage and family relations (non-property relations and related property relations): the procedure for entering into marriage, the grounds for its termination, the rights and obligations of spouses, parents and children, the conditions and procedure for adoption, guardianship and guardianship.

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Basic principles Voluntary marriage Equality of rights of spouses in the family Resolution of intra-family issues by mutual agreement Priority of family upbringing of children, concern for their well-being and development Ensuring priority protection of the rights and interests of minor family members

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Marriage is a voluntary, equal union of a man and a woman, concluded in compliance with certain rules for the purpose of creating a family, having children, and maintaining a common household.

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Conditions and procedure for concluding a marriage Article 10. Concluding a marriage Marriage is concluded in the bodies of the registry office. The rights and obligations of spouses arise from the date of state registration of marriage. Article 11 Marriage is concluded in the personal presence of the persons entering into marriage, after a month from the date of their submission of an application to the registry office. 3. Refusal to register a marriage may be appealed in court. Article 12. Conditions for concluding marriage

9 slide

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Article 13. Age of marriage The age of marriage shall be set at eighteen years. If there are valid reasons, local self-government bodies at the place of residence of persons wishing to marry may, at the request of these persons, allow persons who have reached the age of 16 to enter into marriage. Article 14. Circumstances impeding the conclusion of marriage It is not allowed to conclude a marriage between: persons, of which at least one person is already in another registered marriage; close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full-blooded and not full-blooded (having a common mother or father) brothers and sisters); - adoptive parents and adopted children; - persons from which at least one person is recognized by the court as legally incompetent as a result of a mental disorder.

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Conditions for entering into marriage and impediments to marriage Conditions for impediments Marriage age – 18 years; If there are valid reasons, local governments can reduce the age to 16, and in a number of constituent entities of the Russian Federation to 14 years. In order to conclude a marriage, the mutual voluntary consent of the man and woman entering into marriage is required. It is not allowed to enter into a marriage between persons, of which at least one person is already in another registered marriage; Close relatives (relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full-blooded and not full-blooded (having a common mother or father) brothers and sisters); Adoptive parents and adopted children; Persons of which at least one person has been recognized by the court as incapable due to a mental disorder.

11 slide

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Personal and property rights of spouses Personal rights of spouses Property rights of spouses Freedom of each of the spouses in the choice of occupation and profession; Freedom of choice of places of stay and residence; Equality in matters of motherhood and fatherhood; Equality in the upbringing and education of children; Equality in dealing with other family issues; The choice of the spouses' surnames. on joint property; For personal property.

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A marriage contract is an agreement between persons entering into marriage or an agreement between spouses that determines the property rights and obligations of spouses in marriage and (or) in the event of its dissolution. The conclusion of a marriage contract is a right, not an obligation of the spouses. It is concluded in writing and is subject to notarization Unilateral refusal to perform the marriage contract is not allowed Cannot limit the legal capacity or legal capacity of the spouses. Terminated from the moment of dissolution of marriage

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Rights and duties of parents: Rights and duties of parents Rights and duties of children The rights of parents are also their duties; Both parents have equal rights and responsibilities for their children; When exercising parental rights and responsibilities, the interests of parents and children must be combined; The rights of parents are not unlimited and end with the age of the child; The right to determine the name, patronymic and surname of the child, as well as the place of residence; Duty to protect the rights and interests of the child. The right to a name and nationality; The right to live and be brought up in a family; The right to communicate with parents and other relatives; In some cases, the opinion of a child who has reached the age of 10 has legal significance; The right to protection, including from parents; Right to content; The right to the funds earned by him; The right to share property with parents; The right to property; Responsible for taking care of parents.

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Rights and Duties of Parents Raising, educating and caring for children is an equal right and duty of parents. Parents are obliged to take care of the health, physical, mental, spiritual and moral development of their children. Parents are obliged to ensure that their children receive a basic general education. Parents are obliged to provide material support for the child Parents are free to choose the methods and methods of education, within the framework of the legislation of the Russian Federation Parents have the right to choose an educational institution for their child A parent who lives separately from the child has the right to communicate with him.

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What is the requirement for marriage in the Russian Federation? The fact that the bride and groom have a permanent source of income The bride and groom reach marriageable age The groom and bride live separately from their parents The groom and bride have professional education Answer: 2 ANSWER: CIVIL Write down the word missing in the table Criminal Exposing criminals, putting them on trial, imposing punishment ... Lawsuits on disputes arising from family legal relations

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What is the meaning of social scientists in the concept of "family law"? Drawing on the knowledge of the social science course, make two sentences, one about any personal right of the spouses, and one sentence that reveals the condition for marriage. Answer: the meaning of the concept: “Family law is a system of legal norms governing personal and property relations derived from them arising from marriage, consanguinity, the adoption of children in a family for upbringing” The following sentences can be given: “Each of the spouses at his own request has the right to choose at the conclusion of marriage the surname of one of them as a common surname, or to retain his premarital surname, or to add to his surname the surname of the other spouse. “One of the conditions for concluding a marriage is the mutual voluntary consent of a man and a woman to enter into a marriage relationship”

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What meaning do lawyers invest in the concept of "marriage (legal (civil) marriage)"? Drawing on the knowledge of the social science course, make two sentences: one containing information about any circumstance that prevents marriage, and one sentence naming other types of marriage. Answer: the meaning of the concept: "Marriage is a legally formalized, free voluntary union of a man and a woman, aimed at creating a family and giving rise to mutual rights and obligations for them." The following sentences may be given: "Marriage cannot be contracted between persons, of which at least one person is already in another registered marriage." - "Along with civil marriage, actual, church marriages are distinguished."

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Citizens of the Russian Federation Irina and Nikolai decided to conclude a marriage contract. What relations of spouses according to family law can be the object of regulation of a marriage contract? Write down the numbers under which they are indicated. The procedure for each spouse to bear family expenses Rights and obligations for mutual support Ways to participate in each other's income Rights and obligations of spouses in relation to children Choice of residence Distribution of household duties Answer: 123

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Citizens of the Russian Federation Marina and Mikhail decided to conclude a marriage contract. What conditions are necessary for the entry into force of the marriage contract? Write down the numbers under which they are indicated. one). Notarization 2). Written form of the contract 3). Regulation of personal non-property relations 4). State registration of marriage 5). Indication of the duration of the marriage contract 6). Presence of common minor children Answer: 124

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Read the text below, each provision of which is indicated by a certain letter (A) A marriage contract is an agreement between persons entering into marriage, or an agreement between spouses, defining the property rights and obligations of spouses in marriage and (or) in the event of divorce. (B) A marriage contract in the Russian Federation defines the property rights and obligations of the spouses during the period of family life and upon dissolution of marriage. (C) In our country, in order to conclude a marriage contract, the parties must, before or after registering the marriage, come to a notary, state their requirements, and he will draw up a document. (D) A prenuptial agreement is important because it allows spouses to avoid unnecessary property conflicts during a divorce. (E) Unfortunately, even this simple procedure is not very common in our society, in contrast to the difficult conflicts in divorce and division of property. Determine which provisions of the text have 1) Factual nature 2) The nature of value judgments 3) The nature of theoretical statements A B C D E 3 1 1 2 2

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Alina filed a lawsuit to establish the paternity of citizen M. in relation to her minor children. Under what jurisdiction can this dispute be resolved? What are the names of the parties in this case? (Name both parties and indicate which of the parties named by the participant in this dispute applies to each of them). Name two more categories of cases under the jurisdiction of this court. Answer: 1). Legal proceedings: civil; 2) Two parties, indicating the named participants: - the plaintiff (Alina); - defendant (citizen M.) 3) Two categories of cases, for example: - on restriction of the right to legal capacity; - on the dissolution of marriage. Other categories of cases may be named.

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Matvey and Arina decided to conclude a marriage contract. Matvey insisted on the inclusion in the contract of a clause forbidding the wife to go to work without the permission of her husband. The notary refused to certify the marriage contract precisely because of this clause. Are notaries legal? Explain the answer. Name any two aspects of the relationship between spouses that can be defined in a prenuptial agreement. The answer should contain the following elements: 1. Answer to the question: the notary's actions are lawful; 2. Explanation, for example: this provision of the marriage contract limits the constitutional right of a citizen of the Russian Federation, i.e. we are talking about the restriction of legal capacity, the marriage contract cannot limit the legal capacity or legal capacity of the spouses. 3. Two aspects of the spouse can be determined in the marriage contract: Their rights and obligations for mutual maintenance; Ways to participate in each other's income; The procedure for each of them to bear family expenses; Determine the property that will be transferred to each of the spouses in the event of a divorce; Any other provisions relating to the property relations of the spouses.

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The popular talk show discussed the crisis of the family in modern society. In particular, the opinion was expressed that in order to strengthen the family and marriage, the divorce procedure should be extremely complicated. Using social science knowledge, guess what are the pros and cons of such a situation (give two pluses and two minuses). Answer: 1. “pluses”, for example: people are more responsible in creating a family; spouses are forced to find ways to resolve all family conflicts and reconciliation; 2. “cons”, for example: even if both spouses understand that it is impossible to preserve the family, the axes are forced to live together, cannot create other families and find personal happiness; the situation of constant conflicts of parents who want, but have no right to leave, traumatizes children. Other "pros" and "cons" can be given

24 slide

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Family law regulates a wide range of legal relations between citizens. Give any three examples of situations subject to regulation by the Family Code of the Russian Federation. The following examples of legal relations can be given: Citizen M and citizen R. Upon marriage, they drew up a marriage contract in which they stipulated the property rights of both parties, including the share of property that a housewife spouse can claim in the event of a divorce. Citizens I. and N., both minors. They submitted an application to the registry office, as they are expecting a child, their application was accepted and the date of the marriage was set. Citizen S. Gave custody of her minor nephew after his parents died in a car accident. Citizens P. and K. filed for divorce. Since they did not have property disputes and minor children, they were divorced by the registry office. Citizens A. and M. took custody of their elderly relative after he was declared legally incompetent due to a serious illness by a court decision.

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In what cases does the legislation of the Russian Federation provide for the possible separation of a child from his parents in his interests and on the basis of the law? Give three examples of such cases. Answer: Separation of a child from parents may be necessary if: Parents abuse the child, beat him, use violence against him; Parents refuse to take care of the child, he is left to himself, neglected, parents do not care how he eats, where he is; Parents do not care about the health of the child, do not make sure that he attends school; Parents abuse alcohol or drugs, it is dangerous for a child to be in such a family.

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Make a complex plan for a detailed answer on the topic "Legal regulation of relations between spouses." One of the options for the topic disclosure plan: The concept of marriage Conditions for marriage: a) mutual and voluntary consent; b) reaching the marriageable age of those entering into marriage; c) the absence of circumstances preventing marriage (close relationship, mental illness, etc.) 3) Rights and obligations of spouses a) personal (non-property); b) property. 4) The marriage contract and its features. 5) Grounds for termination of marriage: a) death of one of the spouses; b) divorce; c) recognition of the marriage as invalid. 6) Divorce proceedings and its consequences.

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Family law

Nature. Family law. What is family law. Branch of law. Family. Family functions. Equal union of man and woman. Conditions for marriage. Divorce. Rights and obligations of spouses. The rights of the child. Legal errors. Hedgehog family. Sailor. Marriage is made in the personal presence of persons. Actions of the hotel administrator. Marriage entered into only in the registry office. Young spouses. Mutual agreement. - Family law.ppt

Family code

Family and law. O. Balzac. temperament types. The need of a person in the family. Time to love, then create a family to have children. Selective attraction to the opposite sex. Ancient. Teenager. Marriage and family. A family based on marriage is a small group. Concepts and definitions. Conditions for marriage. social maturity. conditions for a happy marriage. Family Code of the Russian Federation. Mutual voluntary consent of a man and a woman. Marriage age. Eighteen years. For good reason, at the age of sixteen. Circumstances preventing marriage. Bigamy. Close relatives. - Family Code.ppt

Family law

Family law. Conditions and procedure for entering into marriage. The system of legal norms. Family law principles. Marriage. Signs of marriage. Conditions for marriage. Conditions for the nullity of marriage. Spouses. Legal regime of property of spouses. Contractual regime of property of spouses. Consolidation. Find legal errors in humorous text. Premarital surname retention. Jointly owned property. Citizen Kryukova. Meaning. Ugliness. - Family law.ppt

Fundamentals of Family Law

Legal basis of marriage and family. Family law. Legal bases. Fundamentals of family and marriage relations. Marriage. Fixing material. Describe the legal framework. Exercise. Conditions for marriage. Achievement of marriageable age. - Fundamentals of Family Law.ppt

Concept of family law

Family law. Target. Plan. The need of a person in the family. Fill the table. A family is a small group based on marriage or consanguinity. Legal basis of family - marriage relations. Marriage is a free, equal union of a man and a woman. Think. The marriage was not registered, but a child was born in the family. Property relations of spouses. Divorce. - The concept of family law.ppt

Family legal relations

Types of family relations. Features of the method of family law regulation. Ways to regulate family relations. Types of bans. Permission types. The operation of family law. Classification of family law. Family Code of the Russian Federation. The structure of the family code of the Russian Federation. Rights and obligations of spouses. Rights and obligations of parents and children. Alimony obligations of family members. Forms of education of children left without parental care. Application of family law. Application of civil law to family relations. The structure of family relations. - Family Relations.ppt

civil family law

Family law. Goals and objectives of the lesson. Legal relationship of family members. Marriage. Circumstances preventing marriage. Divorce. The rights of spouses. Duties of spouses. Rights and obligations of children. Parents. Findings. - Civil Family Law.ppt

Basic concepts of family law

Family law. Family law is a branch of law. The main source of family law is the Family Code of the Russian Federation. One of the most important social institutions is the family. Family. Spouses. Family relations. Family law. Family relationships. The institution of marriage. Conditions for marriage. Marriage registration. The actual union of a man and a woman. Registration procedure. Nullity of marriage. The invalidity of a marriage may be declared by a court. Marriage is concluded with a person who is in another registered marriage. Death of one of the spouses. Rights and obligations of spouses. - Basic concepts of family law.ppt

Rights and obligations of parents

Rights and obligations of parents. Parents have equal rights and bear equal obligations (Article 61 of the RF IC). Parents are required to: Support the child. Parents have the right to: Give a name. Delete: contempt rudeness cruelty humiliation insult exploitation Art. 65 RF IC. Administrative responsibility. Deprivation of parental rights. Peace, happiness to you in the family, Bread, salt on the table ... - The rights and obligations of parents.ppt

Family Law Quiz

Family law. Test tasks. Voluntary lifelong union. Marriage. Marriage age for men and women. Marriage age. Circumstance. Marriage. Filing marriage applications by mail. Submission of applications. The right to own property. The right to choose a place of residence. Family property. Luxury items. Spouses. property relationships. parental rights. Rights and obligations. Parents. Confiscation of property. Cash support for children. Money content. Evaluation criteria. -

Representing the discipline

General information on the discipline

"family law"

read for the specialty 030501.65 - Jurisprudence

The Importance of Learning a Discipline

“Family law” is an independent sub-branch of private civil law, which is a set of legal norms that regulate, on the basis of a permissive-imperative method, personal non-property and property relations derived from them arising from marriage, consanguinity, adoption of children for upbringing in a family.

Sphere of professional use

The knowledge gained in the course of studying the discipline is necessary for the qualified implementation and protection of human rights and interests in the field of family legal relations, as well as for the protection of the rights and interests of family members.

Brief description of the discipline

The family law course consists of the following parts:

General provisions of family law. (concept, subject and method of family law, principles of family law, grounds for the emergence of family legal relations, features of the implementation and protection of family rights).

Marriage relationship.(conditions for entering into a marriage and circumstances preventing the conclusion of a marriage, the procedure for entering into a marriage, the grounds and procedure for terminating a marriage, declaring a marriage invalid and the consequences of the invalidity of a marriage).

Marital relationship.(the rights and obligations of spouses in the family).

Parental relationship.(grounds for the emergence, change and termination of parental legal relations, personal non-property and property rights and obligations of parents and children.

Alimony obligations. (the concept, signs and types of maintenance obligations, the procedure and conditions for the payment of maintenance).

Raising children left without parental care.

(determination of the forms and order of placement of children left without

parental care)

disciplines

The main goal of teaching the course is to gain knowledge about the family legislation of the Russian Federation, which establishes the conditions and procedure for marriage, termination of marriage and its invalidation, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted children), and in cases and within the limits established by law, between other relatives and other persons, and also determines the forms and procedure for placing children left without parental care in a family.

In the process of teaching the discipline "Family Law" and its independent study by students, the following tasks are solved:

development of skills to apply in practice the acquired knowledge and norms of family law to solve specific problems in the field of marriage and family relations;

mastering the theoretical provisions of the science of family law and the norms of family law.

Place of discipline among related

disciplines

The closest interaction exists between the norms of family and civil law. Civil law applies to relations between family members not regulated by family law within the framework that does not contradict the essence of family relations. Family law is under the active influence of state law.

Final knowledge, skills and abilities

As a result of studying the family law course of the Russian Federation, students should:

current norms of family law on the procedure and conditions for concluding and terminating marriage, on rights and obligations

spouses, parents and children, maintenance obligations

family members; on the forms of placement of children left without parental care (adoption, guardianship and guardianship,

foster family);

apply the rules of family law in the process of working in the legal specialty;

familiarize:

with the practice of applying family law by courts, prosecutors, guardianship and guardianship authorities,

bodies of guardianship and guardianship, educational

institutions and other government bodies; with

perspectives and main directions of future

development of family law.

Topic 3. The system of marriage and family legislation of the Russian Federation

Topic 4. Family legal relations

Topic 5. Marriage relations

Topic 6. Marital legal relations

Topic 7. Parental relationship. Its foundations

occurrence, change and termination

Topic 10. Raising children left without parental care

Topic 11. Features of the legal regulation of family relations in the presence of a foreign element

Topic 1. Concept, subject, method and system of family law

This topic discusses the following issues: the concept, functions and essence of the family, family types. The concepts of family law, the subject of family law, the method of regulating family relations are revealed. The system of family law is determined, as well as the place of family law in the system of branches of Russian law.

Topic 2. Principles of family law

The concept and meaning of principles in family law. The system of principles of family law. The specifics of the principles of family law and their content. The main directions of state family policy.

The whole family is together, and the soul is in place.

A man who managed to build a strong family,

will be able to hold the country on his shoulders.

Family - a small group based on marriage or blood relationship, connected by common life, mutual assistance, moral and legal responsibility

Family is

circle of persons bound by rights and obligations,

arising from marriage, kinship, adoption or other form of adoption of children for upbringing

Family code RF

The procedure for dissolution of marriage

Marriage rules

Duties of spouses

Property rights of spouses

Personal rights of spouses

Sources of Family Law

• Constitution of the Russian Federation
• Family Code of the Russian Federation
• Civil Code
• Federal laws and laws of subjects of the Federation
• Convention on the Rights of the Child and other international instruments
• housing code
• Labor Code
• Criminal Code

Family law is under the joint jurisdiction of the Russian Federation and its subjects.

The subjects of the Russian Federation can independently resolve specific issues of family law (an example is the reduction of the marriageable age by the subjects of the Russian Federation)

• A civil marriage in Russian law is a marriage officially registered with the registry office.
• Church marriage was officially declared invalid in Russia in December 1917; the functions of civil registration were transferred to the hastily created special registry offices. The first Soviet civil marriage was considered the marriage of Alexandra Kollontai - the world's first female minister, the first woman in the world to be officially an ambassador of the state - and a member of the first Soviet government Pavel Dybenko

The industry that regulates personal non-property and property relations of citizens arising from marriage, kinship, adoption, guardianship and guardianship of minors, the adoption of children in a family for upbringing

Group #1.

Task: After the death of citizen Kovalev in 1994, a cash deposit in the amount of 380 thousand tenge remained in the Savings Bank. This contribution was demanded by two of Kovalev's wives, each of whom provided a marriage certificate. Moreover, one marriage was registered on May 28, 1977, and the other on August 9, 1990. The wife, with whom he lived for 16 years, stated in court that her husband did not terminate the marriage with her, and she did not know about his second family.

Group #2.

Task: Before marriage, citizen Dubnikova and citizen Mamedov had property: Dubnikova - a diamond necklace worth 2,500 thousand dollars; Mammadov - a car worth 7,000 thousand dollars. Married gr. Dubnikova and Mamedov bought a 2-room apartment and made a contribution in the name of Dubnikova in the amount of 150,000 tenge. Also gr. Mammadov inherited a trading post. Being in a state of divorce, the spouses proceeded to the division of property. Gr. Dubnikova filed a lawsuit on the division of a 2-room apartment and a retail outlet. Gr. Mammadov claims a contribution in the name of gr. Dubnikova in the amount of 150,000 thousand tenge.

Should a 2-room apartment and a retail outlet be divided, as well as a contribution in the name of one of the spouses?

Group #3.

Task: Maria Goncharova, having two small daughters, systematically drank and was registered in a drug dispensary. Her children did not receive proper care and education. And with her immoral behavior, she had a harmful effect on her daughters. The apartment where Goncharova lives with her children is in an unsanitary condition. While drunk, Maria beats her elderly mother. The children became nervous and naughty, they use foul language. The Commission on Juvenile Affairs filed a lawsuit in court to deprive Goncharova of parental rights.

Are there sufficient grounds for filing a claim in this case?

Family legal relations

Objects

family relations

Subjects

family relations

• Calling legal relationship actions family members (marriage, divorce, adoption)
• Things family members (apartment, cottage, car, etc.)

FAMILY MEMBERS:

• Husband and wife
• Parents
• Adoptive parents and adoptees
• Stepmothers and stepfathers
• Stepdaughters and stepchildren

Marriage is the union of a man and a woman, concluded in the civil registry offices (ZAGS), based on a feeling of mutual love and mutual assistance.

A marriage contract is an agreement between a man and a woman about what property rights each of them will have in marriage or in the event of a divorce.

The marriage contract is concluded before marriage or during marriage

To get married you need:

• Reaching the age of marriage (18 years old, in exceptional cases - from 16 years old)
• Mutual agreement
• No other registered marriage
• No close relationship
• Ability to marry

FAMILY

Nuclear

(husband, wife, children)

Extended

(several generations live together)

Small children (1-2 children)

FAMILY

Complete

incomplete

(children are raised by one parent)

large

(more than 3 children)

Spouses' rights

Personal rights

Property rights

• Surname choice
• Choice of residence
• Choice of profession
• For citizenship
• For the upbringing and education of children
• For fatherhood and motherhood

• joint property
• property of each spouse
• maintenance relations
• marriage contract

Property rights of spouses

Legal regime of property:

Contractual mode of property:

• All property that the spouses had before marriage remains their personal property.
• Personal property also remains that which one of the spouses received as an inheritance, a gift
• Personal property is things for individual use, except for jewelry.
• All property acquired during marriage is considered jointly acquired and is divided in equal shares.

• The fate of the property is decided in the marriage contract (contract)
• A marriage contract may provide for the obligation of one of the spouses to assist the other spouse in the event of a divorce.

Conditions for divorce

Divorce in the registry office

Divorce in court

If there are minor children, or one of the spouses does not agree to a divorce

• If there are no minor children
• If both spouses agree to a divorce
• If one of the spouses is serving a sentence (over 3 years)

Reasons for divorce

Coarseness

Inability to run a household

Drunkenness,

addiction

cruelty

matrimonial

infidelity

Responsibilities of Parents and Children

In case of non-fulfillment of their duties in relation to children, parents are deprived of parental rights.

Parents are required to support and educate their children. Protect their interests

Children are obliged to support and take care of their elderly parents

Rights of the child

Rights group

Rights of the child

General civil rights

Express your opinion, travel outside the country and return back, go to court, guardianship authorities

Political rights

Participate in peaceful meetings, be a member of a children's organization

family law

Living and growing up in a family

social rights

Right to free education

State support for children

housing rights

Right to housing

labor rights

The right to work in your spare time