Introduction
Marriage - it is legally of the free and voluntary union of men and women, aimed at creating a family and the generates reciprocal rights and duties. It is based on the feeling of love, true friendship and respect for the moral principles of construction of the family.
The legal framework of marriage is in its registration. In accordance with the law, only marriages registered in the prescribed manner, gives rise to rights and responsibilities of spouses. Marriage is a civil registry states, local governments (in rural areas).
Marriage can not be registered by any other authority. In this case it does not create rights and obligations linked with the emergence of the law of marriage. Believers consider it necessary to perform a religious rite of marriage. But this rite has no legal significance.
The wedding in the church can not replace the registration of marriage. In the interest of registration of marriage as a state and society, and citizens. Marriage provides a necessary compliance with the conditions of his detention, is also in order to protect personal and property rights and interests of spouses and children of the marriage.
Certificate "marriage" confirms the registration of marriage. Marriage is at the end of one month after the filing by persons wishing to marry a statement to the authority of registrar.
But it should be noted that the law set conditions for marriage and the obstacles to its conclusion. Compliance with the conditions of marriage is necessary for a marriage to become legal force. Condition of registration of marriage is the mutual consent of the parties entering into marriage, and they reach marriageable age. Mutual consent of the parties entering into a marriage destined to the very essence of marriage is voluntary and free union of a man and a woman.
De facto marriage
As you known, since 1996 in our country the new Family code operates. And practically right after its acceptances a number of the works analyzing its basic norms, including concerning conditions and a marriage order has been published. It is necessary to carry to such works, first, works of theoretical character: M.V.Antokolskaja, A.M. Nechaeva, L.M.Pchelintseva. All of them are devoted a modern Russian family law and were that theoretical base on which research of conditions and a marriage order has been constructed. Feature of some these works is also that in them is available: a material and the historic-legal character, considering evolution of a domestic family law. Especially successfully, in our opinion, it has been made A.M. Nechaeva which has devoted the whole chapter of the research to consideration of evolution of the domestic family legislation. Secondly, a number of Comments of the new Russian family legislation, different the good; The scientific approach. Thirdly, researches: the family legislation in which are considered a number of problem questions. It is necessary to carry T.V.Kashanina's works to them and A.V. Kashanin, O.J.Kosovaja, E.A.Katkova, G.J.Fedoseyev, O.V.Hyshiktuev. It is necessary to carry N.A.Semiderkin's who was engaged researches to works of applied character, basically, consideration of evolution of a domestic family law. In problems of transformation of a family law are engaged А.Ю. Konkov, O.G.Kurilenko, M.K.Tsaturova.
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Brachno-family relations as one of the most significant spheres of functioning of a society were studied by many researchers, being object of steadfast attention of experts of some sciences as in our country, and abroad. Researches of a family, marriage, and birth rate are conducted in sociology, psychology, demography, ethnography and other social studies. Many of classics of sociology considered a family as a part of social structure, considering it as the factor of processes studied by them, but did not investigate marriage and family institutes purposefully. Proceedings of founders of the sociological theory O.Kont, G.Spenser, E.Djurkgejm, M.Veber, K.Marx, anyhow describing and explaining forms of a public life, should fix not passing value of the family-household organisation of life. From the middle of XIX century theoretical problems of a family are in sight of anthropologists and ethnographers. During the same time of L. Morgan, observing a social system of the American Indians, their family life, has created new branch of sociology – a science about a family. It by right consider as the founder of this science. For the analysis of family-marriage relations in works of M.Kovalevsky, F.Le Ple, F.Engelsa have great value.
Now the family sociology concerns the category of special sociological theories. Its allocation in independent branch of sociological knowledge has occurred in 60-80th of XX century To second half XX century the considerable empirical material on the family problematic, demanding theoretical judgment and generalisation has been saved up. Works of foreign authors E.Giddens, U.Gud, D.Popenoe are of interest, etc. Abroad from the middle of 70th serious attempts to creation of the special sociological theory of a family are undertaken.
Among researchers of a family up to 1960th the family theory dominated functions. For the first time family functions were divided by P.Sorokin, it is the outstanding representative of a functionalism, analyzing a family from the point of view of its functions or social requirements to which it serves. It studies not only family evolution, but also its statistics, functions, typology, external and internal communications. By scientists of the twentieth century family transformations have started to be investigated. Two theoretic-methodological approaches to family studying were at the moment generated. The family current state is considered by one researchers from a position of crisis of a monogamous family (A.I.Antonov, V.M.Medkov, And. V.Artjuhov, etc.), others – from a position of transformation of family structures (S.I.Golod, T.A.Gurko, And. R.Mikheyev, etc.). Formation of sociology of a family in our country is connected with a name of A. G.Harchev. Its concept of a family formulated within the limits of a structurally functional paradigm, dominated prior to the beginning of 90th of XX century Change of a political situation in Russia promoted revision of the basic paradigms within the limits of sociology.
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For our research the works considering various aspects of "de facto marriage" as the form of family-marriage relations, first of all, are important. For domestic sociology the certain blank in studying of not registered communications between men and women as during the Soviet period they were considered as time, alien to the Soviet society to the phenomenon, remained from the past is characteristic. However now attempts of researches of the problematic connected with distribution of illegitimate relations are already made. Here it is possible to note T.A.Bogdanova and A.S.Schukin, S.I.Golod, T.A.Dolbik-Vorobej's works. Among the researchers directly studying not registered relations, it is necessary to note V.Kartsev, S.Chujkina, E.Vovk, A.B.Sinelnikov, M.Bosanats, O.J.Kosovaja, A.A.Kletsin And. R.Mikheyev in which works problems of not registered unions and illegitimate birth rate in Russia are most full consecrated. Also among works of researchers of family-marriage relations first of all it is necessary to note researches of group of the Khabarovsk sociologists led by the professor N. M.Baykov. The analysis of the scientific literature testifies that the social institute of a family is deeply enough studied from the various parties. "De facto marriage" phenomenon in our society extends more and more, however completely is not studied yet and reserves weight of questions, demanding definition of its place in modern family system. Behind a side of accurate understanding there is a question, what value "civil marriage" has for the most social institute of a family.
Degree of a readiness of a problem
Studying of values and valuable orientations, including family and extrafamily, methods of their measurement, the factors influencing their formation, possible consequences of prevalence in a society of those or other values and valuable orientations concerns a number of the major directions of sociology, social psychology and philosophy.
The first sociologists who have mentioned a valuable problematic were M.Veber and E.Djurktejm which have proved necessity of studying of values a sociological science and have brought the important contribution to understanding of a society as value-standard system. However only the American sociologists U.Thomas and F.Znanetsky have carried out for the first time empirical research of valuable orientations the beginning of this century, having applied a method of the analysis of documents.
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In 1970th the American sociologist M.Rokich has developed a technique of measurement of the valuable orientations, subsequently received wide application in researches of foreign and domestic sociologists. In our country a number of sociological researches of valuable orientations with use of the modified classification of values of M.Rokicha has been spent V.A.Jadov.
Throughout last decades in many countries of the world, and, in particular, from the end of 1960th in Russia, problems of formation of family and extra family valuable orientations were actively investigated. In the early seventies scientists of the Moscow state university of M.V.Lomonosov under the direction of A.I.Antonov have started development of methods of definition of a parity of orientations to a family and extra family activity in selective field sociological interrogations.
And children in a context of the concept of crisis of birth rate, a family and family values the first works A.I.Antonov and V.A.Borisov' are devoted a problem of social measurement of values of a family, 25-year-old experience of such researches has been generalised in work "family Microsociology (methodology of research of structures and processes)" where features of application of methods of interrogation, supervision and the konteit-analysis to family studying, various methods of research of life cycle of a family, methods of sociological research of family behaviour have been in detail considered. The analysis of merits and demerits of the sociological methods used in sociology of a family presented by the author, allows to define among them those which application for the purpose of revealing of degree of prevalence of family and extra family valuable orientations raises probability of finding-out of true valuable preferences of respondents.
According to L. У and M.L.Goffman, use of those sociological methods which mean application of verbal ways of revealing of valuable orientations, promote reception of stereotypic answers that leads to decrease in reliability of the necessary information. In this connection the given scientists suggest to use more actively nonverbal methods (for example, drawings and photos), and also to develop special tests on revealing of family and extra family valuable orientations.
Special attempt of the deep scientific analysis of a problem of a parity of two types of valuable orientations (family and extra family), detection of the reasons of domination in system of valuable orientations of the modern person of orientations to self-realisation in professional sphere, on achievement of the high social status has undertaken Н. G.Markovskaja - the representative of a school of thought of crisis of values of a life ".
Techniques of allocation of groups of the respondents who focused and have been not focused on a family, and also the factors influencing formation of family and extrafamily valuable orientations, have been considered in works V.N.Arhangelsky, V.B.Olshansky, Ю. P.Siks, etc.
Among works of the American scientists it is necessary to note researches of 1990th A. R.Hohshild revealing of the reasons of prevalence of extra family valuable orientations in structure of the person of Americans was which purpose. Thus the author actively used methods of the simple and included supervision, the analysis of documents and the deep interview which combination has allowed to raise reliability of the received results.
Decrease in value of family results in more and more wide circulation among the population of extra family valuable orientations, ways of self-realisation in all spheres of ability to live, excepting the family. It is expressed also that now the growing number of people feels requirement for values replacing family value and objects. The reasons of occurrence of the given requirement and ways of its satisfaction were considered in the works by A.A.Popov, V.I.Maksimenkov, L.Hozjainova, and also E.Bek, M.Bouen's foreign researchers, X. Бриджер., E.Kejn, E.Ketcher, L.Okonevski, L.Sajmon, spouses Salmon, S.Smith, B.Fogl and others.
Thus, works of many scientists are devoted the analysis of family and extra family valuable orientations. Nevertheless, the methodology of research of a parity of family and extra family valuable orientations, in our opinion, has not received sufficient illumination neither in domestic, nor in the foreign sociological literature. Works in which attempt of studying of a parity of family and extra family valuable orientations in structure of the person of individuals becomes, and also the all-round analysis of the sociological methods which application should ensure a solid data is carried out, are still enough rare.