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

The history of this sacred union has deep roots. So deep that they go to the very first layers of human history. The order of marriage is described in the Bible. From the Old Testament times, the betrothal was a voluntary union of a man and a woman who took a mutual and conscious decision to live together and in harmony with the standards of God. By the word "norms" we mean the principles of family law, set out in the Holy Scriptures.

Surprisingly, despite the complexity of the device described in the legislation of many countries, there is no clear definition of marriage. This is due precisely to the fact that marriage is not a business contract, where all the rights and obligations of partners with a certain degree of accuracy are subject to legal regulation. Marriage is an alliance, and such a definition presupposes certain freedoms in relations between partners. Which is logical, since the family is created not only and not so much to fulfill some obligations to society or to educate children, how many, to make up, spiritually-corporal unity ("and there will be two one flesh"), take care of About the spiritual and physical needs of the partner, complement and protect each other. And these spiritual subtleties, no law can not properly order.

Considering the order of marriage as a legal phenomenon, it is possible to single out several types of such unions: those that were registered in special bodies, ecclesiastical and factual (those that are mistakenly called civil). Unspoken in Russia, but taking place in the world are such varieties of matrimony as polygyny (polygamy), polyandry (on the contrary, when many husbands are), a temporary or fictitious contract and, finally, causing recent fierce battles both among legislators and among The inhabitants of same-sex unions.

The very conduct and norms, under which betrothal is considered legitimate, is regulated differently in different countries. The conclusion of marriage in Russia, as well as the legal consequences of this action, comes when registration takes place in state bodies (the same order in France, Japan, Germany). In other countries, the choice of form - civil or church registration - remains with the spouses, the state recognizes both that and the other union (Spain, England, Canada, Italy). Thirdly, marriages are made only in religious form (Israel, some states of the USA and Canada, Islamic countries).

Interestingly, the word "marriage" is derived from the Greek word γάμος, which is derived from the "take". The ancient Russian "marriage" related to him is defined as an action aimed at choosing the best of good and rejecting the wrong, bad. Based on the foregoing, we can conclude that the words "marriage", as a union of two people, and its homonym, denoting a poor-quality product, are not so far in its lexical meaning. Not surprisingly, in many countries there are certain restrictions and the order of marriage for young couples. So, for example, the Family Code states that the conclusion of marriage in Russia is impossible if someone from those who wish to start a family is already bound by official family ties with another person. Also, communication between close relatives is impossible or in case the bridegroom or bride suffers from any mental disorder. Legislatively, marriage between adoptive parents and adopted children is prohibited. Meanwhile, the marriage in Germany in this situation is quite possible. Only in this case, the combined ones cease to be relatives; Parent and child. The existing order of marriage in the civil law of this country terminates in this case the obligation of adoption.

Apparently, for thousands of years of its history, mankind has not developed a unified approach to the formation of a marriage system. Perhaps that is why normal family ties have now become defenseless against the onslaught of public opinion and freedoms incompatible with high morality.