Family law tasks
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Task 4.
After the birth of her daughter T.S. Nikolaeva felt a deterioration in her health, and therefore was admitted to hospital for inpatient treatment and was unable to independently make an application for the birth of a child to the registry office. It turned out that the estimated duration of her treatment will be about two months. Nikolaeva’s husband was on a long business trip, and Nikolaeva had no other close relatives at the place of birth of the child or treatment. Two weeks after the start of treatment, Nikolaeva’s acquaintance submitted, at her request, to the registry office an application to register the birth of Nikolaeva’s child, presenting a certificate from a medical institution about the birth of the child and identification documents of the child’s parents. However, employees of the registry office refused to accept this application and register the birth of the child, demanding Nikolaeva’s personal arrival after the end of treatment, regardless of its duration.
Give a legal assessment of the actions of the registry office employees.
What should they have done in this situation?
Is the deadline for state registration of a child’s birth established by law?
Task 5.
In February 2006, 85-year-old T.M. Belousov and 52-year-old L.Ya. Kurasova agreed to register the marriage on condition that Kurasova provided proper care for Belousov, for which the latter promised to leave her his privatized apartment as an inheritance after his death. After state registration of marriage (in May 2006), Kurasova was registered at Belousov’s place of residence. Two months after this, she stopped fulfilling marital duties and caring for Belousov, and from November 2006 she actually stopped living with him. In this regard, Belousov filed a lawsuit to declare the marriage with Kurasova invalid, citing the fact that the marriage was fictitious because of the apartment, the parties maintained a family relationship for a short time, and there is a significant age difference between them (36 years). What decision should the court make?
Task 6.
The head of the regional administration lowered the age of persons entering into marriage to 16 years, and also approved the Regulations on the adoption of children, providing for a simplified rule compared to Ch. 19 IC procedure for the adoption of children in the region. The regional prosecutor lodged a protest against these decisions, considering them to be contrary to the requirements of the law.
Is the prosecutor´s protest justified?
Do executive authorities of the constituent entities of the Russian Federation have the right to adopt normative legal acts that contradict the norms of federal family legislation?
In what cases and in what form do the subjects of the Russian Federation have the right to regulate family relations?
After the birth of her daughter T.S. Nikolaeva felt a deterioration in her health, and therefore was admitted to hospital for inpatient treatment and was unable to independently make an application for the birth of a child to the registry office. It turned out that the estimated duration of her treatment will be about two months. Nikolaeva’s husband was on a long business trip, and Nikolaeva had no other close relatives at the place of birth of the child or treatment. Two weeks after the start of treatment, Nikolaeva’s acquaintance submitted, at her request, to the registry office an application to register the birth of Nikolaeva’s child, presenting a certificate from a medical institution about the birth of the child and identification documents of the child’s parents. However, employees of the registry office refused to accept this application and register the birth of the child, demanding Nikolaeva’s personal arrival after the end of treatment, regardless of its duration.
Give a legal assessment of the actions of the registry office employees.
What should they have done in this situation?
Is the deadline for state registration of a child’s birth established by law?
Task 5.
In February 2006, 85-year-old T.M. Belousov and 52-year-old L.Ya. Kurasova agreed to register the marriage on condition that Kurasova provided proper care for Belousov, for which the latter promised to leave her his privatized apartment as an inheritance after his death. After state registration of marriage (in May 2006), Kurasova was registered at Belousov’s place of residence. Two months after this, she stopped fulfilling marital duties and caring for Belousov, and from November 2006 she actually stopped living with him. In this regard, Belousov filed a lawsuit to declare the marriage with Kurasova invalid, citing the fact that the marriage was fictitious because of the apartment, the parties maintained a family relationship for a short time, and there is a significant age difference between them (36 years). What decision should the court make?
Task 6.
The head of the regional administration lowered the age of persons entering into marriage to 16 years, and also approved the Regulations on the adoption of children, providing for a simplified rule compared to Ch. 19 IC procedure for the adoption of children in the region. The regional prosecutor lodged a protest against these decisions, considering them to be contrary to the requirements of the law.
Is the prosecutor´s protest justified?
Do executive authorities of the constituent entities of the Russian Federation have the right to adopt normative legal acts that contradict the norms of federal family legislation?
In what cases and in what form do the subjects of the Russian Federation have the right to regulate family relations?
Do executive authorities of the constituent entities of the Russian Federation have the right to adopt normative legal acts that contradict the norms of federal family legislation?
In what cases and in what form do the subjects of the Russian Federation have the right to regulate family relations?
In what cases and in what form do the subjects of the Russian Federation have the right to regulate family relations?
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