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Title of Article

ACTUAL MARRIAGE: LEGAL PARTY


Issue
2
Date
2021

Article type
scientific article
UDC
342.9
Pages
165-167
Keywords
 


Authors
Cheremushkina E.E.
Krasnodarskiy universitet Ministerstva vnutrennikh del Rossiyskoy Federatsii


Abstract
This study is devoted to the problems of law enforcement practice of actual marital relations (cohabitation). In its implementation, the dialectical method, methods of comparative legal analysis and structural analysis are used. The main results of the study. The analysis of actual marital relations is conducted from the point of view of the fact that couples who are in a relationship of this nature are not full-fledged spouses. When legal disputes arise on the ground of the division of jointly acquired property, since in fact this kind of relationship is not legally protected, complex problems may arise between the former de facto spouses. The judicial practice of actual marital relations involves a number of complex judicial proceedings. It is concluded that it is unacceptable to equate actual marital relations with registered marriage, which, among other things, leads to a crisis of the traditional family. The results of the study can be used as theoretical ground for further development of Family law, the formulated conclusions - in law enforcement practice.

File (in Russian)