Rus Articles Journal

The registered marriage and civil marriage. Whether there is a difference?

In our society exist such concepts as the registered marriage and a civil marriage which is understood as marriage unregistered. As far as these concepts are fair and whether they are exact?

For some reason vast majority of people (except for, probably, legal experts) state absolute confidence that the civil marriage is a marriage unregistered? From where such confidence - it is absolutely unclear because those relations which people without shadow of doubt call a civil marriage that is not because the concept civil marriage arose as alternative to marriage church. The civil marriage is just marriage official, registered in government bodies of the civil registration (CR). That marriage which ignorant people call civil marriage lawyers call actual family and militia cohabitation .

Up to December, 1917 procedure of registration of marriage had initial (church) character. The state, having carried out the principle of disestablishment, assumed the right to completely regulate relationship between spouses by means of the secular legislation therefore the civil, that is civil marriage became the only form of marriage. Marriage began to be called civil unlike former marriage - church, religious.

With adoption of decrees of the CEC and SNK RSFSR About a civil marriage, about children and about maintaining books of acts of civil status of December 18, 1917 and About divorce of December 19, 1917 the civil marriage became only the marriage form recognized in our country. Validity was received by the marriages registered in departments of records of marriages and births at city (regional, district or volost territorial) a justice. The first Russian code - KZAGS (The code of laws on acts of civil status, the marriage, family and tutorial law of RSFSR) defined 1918: Only civil (secular) marriage registered in body of civil registrations generates the rights and duties of spouses stated in the present section. The marriage made on religious practices and with assistance of ecclesiastics does not generate any rights and duties for the persons which entered it if it is not registered by an established order .

The actual matrimony which is not issued in the order established by the law is called the actual marriage. Term actual marriage relations it was put into legal practice with acceptance KZOBSO (The code of laws on marriage, a family and guardianship) 1926. In Soviet period, till 1944 the joint economy and the general bed were considered as a sufficient condition for recognition of the actual marriage present - with all that it implies rights and duties. But current FC (Family Code) of the Russian Federation, as well as KOBS (The code about marriage and a family) RSFSR of 1969, avoid use of the terms actual marriage actual marriage relations . For designation of the faces consisting or consisting some time in the illegitimate relations phrases " are used here; the persons who are not married among themselves leading family life . These relations since 1973 are governed already by only the civil legislation.

That`s where the hen scratches! Here from where confusion in the heads of the people. The state should the issued relations of citizens and calls them the persons who are not married among themselves, meanwhile, as the citizens living in common, conducting joint economy and even having joint children, on an old Soviet habit consider themselves married (especially women). People around call such relations cohabitation that offends citizens therefore citizens called the semeyno - the matrimonial relations a civil marriage unlike the legal marriage registered in the REGISTRY OFFICE.

The people on inventions hityor! And here, along with church, civil and actual, take place now to be guest, and even virtual marriage.

Guest marriage is the marriage which is officially issued, but spouses at the same time live separately and do not conduct the general economy. On the first place in guest marriage there is not a love, but comfort for both spouses. Similar marriage most often meets in bohemia. Examples of guest marriage can be found in works of classics of the Russian literature. Before revolution marriages of this sort in the Russian noble families met pretty often when the wife with children lived in the village, and the head of the family was engaged in St. Petersburg with public affairs and only at an opportunity visited a family.

Virtual marriage - the newest form of the constant relations which are carried out on the Internet between users with their registration on the specialized websites. Virtual marriage legally is not marriage and does not admit the state and some world religions, but at the same time imitates the institutes of wedding, registration, family life accepted in society.

Thus, the civil marriage is the marriage issued in appropriate authorities of the government without participation of church. In informal conversation by this term call cohabitation and maintaining joint economy without marriage registration. It is correct to call the unregistered marriage the actual marriage.