70. Legislation on marriage and family in 1917-1918

The basic principle of the social system of the RSFSR in the period of the establishment of Soviet power: the family is the cell of society.

Innovations in family and marriage law in 1917-1918.:

1) the mandatory consent of parents or employers to marriage has been abolished;

2) the difference in religion or racial affiliation of the spouses has ceased to prevent marriage;

3) distant kinship and a certain property of persons entering into marriage are no longer recognized as an obstacle to marriage.

The Decree "On civil marriage, on children and on the maintenance of books of acts of civil status" of December 18, 1917 fixed that the legal form of marriage is civil. Freedom of divorce was introduced.

Features of the Decree:

1) marriageable age: for men - 18 years, for women - 16; for the indigenous population of Transcaucasia: for men - 16 years, and for women - 13;

2) for the first time, the equality of women and men in the sphere of marriage and the family is legally fixed;

3) established the only permissible monogamous marriage;

4) the rights of children born in wedlock and illegitimate were equalized in rights.

In December 1917, the Decree "On the dissolution of marriage" was adopted.

He introduced a new divorce process. The grounds for divorce were not established. Divorce was carried out at the simple request of the spouses or one of them. Divorce by mutual consent of the spouses was carried out in the registry office.

In the event of a dispute during the dissolution of a marriage, divorce requests were considered by the court, and then the divorce was registered with the registry office. Both spouses or their proxies must be present at the divorce court. These cases were considered by the court in a single composition.

The divorce was confirmed by a divorce certificate issued by the court or the registry office.

The decree regulated the maintenance obligations of spouses for the maintenance of young children and the husband - for the maintenance of his wife.

All cases of divorce, in which no final decision was made by the spiritual consistories or the Synod, were recognized as liquidated, and the divorce had to be carried out in accordance with the procedure established by the Decree.

In September 1918, a special Code of Laws on Civil Status Acts, Marriage, Family and Guardianship Law was adopted.

Main provisions of the Code:

1) it was once again emphasized that church marriage does not give rise to any legal consequences;

2) the rights of the sexes were equalized, now the relocation of one of the spouses (in particular, the husband) did not entail the obligation of the other (the wife) to follow him;

3) the principle of the community of property of spouses was canceled (they could enter into all property-contractual relations not prohibited by law);

4) the principle of separation of property of parents and children was established;

5) adoption was prohibited;

6) the upbringing of children is a public duty of parents, and not their private affair; society has the right to interfere in the upbringing of children;

7) the general age of marriage was preserved: for men - 18 years, for women - 16, but there was no decrease in the age for the indigenous inhabitants of Transcaucasia;

8) a procedure was established for recognition by the father upon the application of the mother in relation to illegitimate children whose father is not known;

9) maintenance obligations appeared to disabled and needy grandfathers, grandmothers, grandchildren, brothers or sisters of able-bodied relatives.

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

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