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История государства и права России. Cтоглав 1551 г. Cемейно-брачное право (самое важное)

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26. Stoglav 1551 Family and marriage law

Stoglav 1551 is the source of ecclesiastical law.

It was adopted in May 1551 at the Church Council in Moscow, which was chaired by Ivan IV.

Stoglav includes 100 chapters.

Its editions are divided into: long, medium and short.

Sources of "Stoglav":

1) the Bible;

2) Church charter;

3) other liturgical books;

4) various canonical collections;

5) historical and moral collections.

Stoglav 1551 had 2 main parts:

1) devoted to the regulation of church affairs;

2) dedicated to family law.

In Stoglav in relation to the church and its property were fixed:

1) inviolability of church property;

2) the exclusive jurisdiction of clergy to the church court;

3) church rites and duties were unified;

4) norms of intrachurch life.

In the field of regulation of family relations Stoglav 1551 was based on customary law. According to Stoglav, only church marriage had legal consequences. The consent of parents or guardians was required for marriage, except in cases where these persons were in captivity, were insane or went missing; The marriage age was set at 15 for men and 12 for women.

When concluding a marriage, an agreement of the parties (conspiracy, vault) should have been drawn up. His form - notarial, and its non-compliance entailed the legal liability of the violator and the payment of a penalty.

Legitimate considered for one person only 3 marriages. At the same time, a church wedding was possible only during the first marriage, and the second and third were blessed.

In addition to the consent of the parents to the marriage, "crown memory" was required, that is, permission for the marriage of the diocesan bishop.

The wedding was performed by the parish priest.

Divorce was allowed in exceptional cases. Previously established grounds for divorce are significantly reduced.

According to Stoglav termination of marriage is possible in cases:

1) physical death;

2) adultery - the main reason for divorce, it could only be used by a husband in relation to his wife;

3) prolonged absence of one of the spouses;

4) the husband's incapacity for married life or the wife's infertility;

5) prolonged and severe illness of the spouse;

6) tonsure of one of the spouses as a monk.

A conviction for a crime did not end a marriage. The wife and children in this case were responsible jointly with the husband.

The main principle of family relations according to Stoglav - the undivided power of a husband over his wife and parents over their children.

The wife always followed the fate of her husband: the husband had the right to "mortgage" her and give her to service bondage to "work to feed." The husband had the right to punish his wife if these punishments did not turn into self-mutilation.

Parents had the right to dispose of the marital fate of their children, to decide on their tonsure as monks, or transfer to servitude.

Features had guardianship of young children. Only relatives of the husband could be guardians, so a widowed mother who stayed with her children could not be a guardian. The authority of the guardian over the children continued until they came of age.

Property rights of spouses were equal, but the husband could not dispose of his wife's dowry without her consent. Spouses were responsible for debts not only with common property, but also in the event of the death of one of them - with their own.

Authors: Dudkina L.V., Shcherbakova O.V.

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