/ Marriage as a social and legal phenomenon. Marriage procedure

Marriage as a social and legal phenomenon. The order of marriage

The history of this sacred union has deepthe roots. So deep that they go into the very first layers of human history. The procedure for marriage is described in the Bible. From Old Testament times, engagement was a voluntary union between a man and a woman who made a mutual and conscious decision to live together and in harmony with the norms of God. By the word “norms” we understand the fundamentals of family law set forth in Holy Scripture.

marriage procedure

Surprisingly, for all the complexity describeddevices in the legislation of many countries and there is no clear definition of marriage. This is due to the fact that marriage is not a business agreement, where all the rights and obligations of partners with varying degrees of accuracy are legally regulated. Marriage is a union, and such a definition implies certain freedoms in relations between partners. Which is logical, since the family is created not only and not so much to fulfill certain obligations to society or to raise children, but rather to form spiritual and physical unity ("there will be two one flesh") to take care about the spiritual and physical needs of a partner, to complement and protect each other. And these spiritual subtleties are not capable of streamlining any law properly.

Considering marriage procedures asa legal phenomenon, we can distinguish several types of such unions: those that were registered in special bodies, ecclesiastical and actual (those that are mistakenly called civil). Not common in Russia, but such varieties of matrimonies as polygyny (polygamy), polyandry (on the contrary, when there are many husbands), a temporary or fictitious contract and, finally, causing fierce battles among legislators and commoners unisex unions.

marriage in germany

The conduct itself and the rules at which the betrothalconsidered legal, in different countries is regulated in different ways. Marriage in Russia, as well as the legal consequences of this action, occurs when the registration takes place in state bodies (the same procedure in France, Japan, Germany). In other countries, the choice of form - civil or church registration - remains for the spouses, the state is recognized as one and the other union (Spain, England, Canada, Italy). Third, marriages are only in religious form (Israel, some states of the USA and Canada, Islamic countries).

marriage in Russia

Interestingly, the word "marriage" comes fromthe Greek word γάμος, which is derived from "take". Old Russian brachiti related to him is defined as an action aimed at choosing the best of the good and rejecting the unsuitable, bad. Based on the above, we can conclude that the words “marriage”, as a union of two people, and its homonym, meaning low-quality goods, are not so far in terms of their lexical meaning. It is not surprising that in many countries there are certain restrictions and marriage procedures for young couples. So, for example, the Family Code states that the conclusion of marriage in Russia is not possible if someone who wants to start a family is already connected by official family ties with another person. It is also impossible communication between close relatives or in the event that the groom or bride suffer from some kind of mental disorder. Legislative marriage between adoptive parents and adopted children is prohibited by law. Meanwhile, marriage in Germany in such a situation is quite possible. Only in this case, the combined cease to be relatives, i.e. parent and child. The existing procedure for entering into marriage in the civil law of this country ceases in this case the obligations of adoption.

As you can see, over the millennia of itshuman history has not developed a unified approach to the formation of a marriage system. Perhaps that is why normal family ties today are left defenseless against the onslaught of public opinion and freedoms that are incompatible with high morality.