Levchenko EV,

Assistant of the Department of Theory and History of State and Law

Taganrog Institute of Management and Economics

levchenko2503@gmail.com

Russian influence principles of family law on the institution of marriage: historical and legal aspects

The principle of equality of spouses in the history of family law originates from the adoption of Christianity. The division of society into classes associated with the establishment of the institution of private property to change the legal status of family members , and the institution of marriage becomes a state-controlled . First , had the same rights and responsibilities of family members , lost them, and the husband as head of the family acquired them fully . In ancient law in Article 10 of the Church of Prince Yaroslav the statute states that should severely punish his wife if her infidelity to her husband , and in Article 8 specifies the penalty for committing adultery , and the man. Adultery is considered as a serious offense committed by a married woman who could not bear a child from her husband , thereby giving it the right to inherit someone else's property , which was regarded as a secret of his theft .
The principle of equality of spouses in some cases the family was allowed by canon law , in particular stated that : "Men , do not deprive yourself meeting their wives ... all the way to create according to their wives ." Although in practical life supposed equality in the narrow sense of moral and religious and patriarchal authority of the head of the family, including the wife of the household , is still preserved for a long time . " Every man is the head, Christ , the head of woman - a husband ," which is the principle of church family law. In canon law is constantly emphasized that wives should be submissive to their husbands in everything , to be quiet and silent , " They are not allowed to speak, but to be in subjection , as also saith the law ." The fact is that usually the wife to the husband came and brought with them a dowry , which he could dispose of and much less her husband came to his wife. While standing men was significantly higher than that of women as family status , responsibility for its well-being entrusted to men.
With the adoption of Christianity , a married woman is not regarded as the property of her husband, but as a relatively independent person entitled to receive the protection of the church, which are executed in parallel creating a culture of family life. In Russia, the husband never had the right to kill his wife , sell it in bondage , but , nevertheless , it could drive out of the house and physically punished. "For the murder of his wife husband suffered a lighter punishment than a wife who killed her husband , which is buried in the ground alive ," - writes AI Zagorovskiy .
The principle of priority of family upbringing , which takes place in modern law , and was known in ancient Russia . Since parents are always concerned about the health , development and welfare of their children , with the hope that children and their time will assist elderly parents . Relationships between parents and children , at the time were based on paternal authority , which was very strong, although the rights of life and death of the children 's parents , had never formally . However, the killing of children was not considered as a serious crime , and therefore punishment was penance in the monastery prison . Love for children manifested primarily in the care of the moral education , accustomed to labor, material support . Forcing children to obey his father carried out by using domestic punishment . For example, Domostroj recommends in this case " beating with a rod and crush ribs ." State principle in the relationship did not interfere . Complain about the parents whose children were not allowed . For only one attempt to file a complaint to the parent of the Code of 1649 enacted a " whip mercilessly beat them ."
In the XVII century the relationship of parents and children in Russia , as elsewhere at the time were based on the priority of paternal authority . So , in the Code of 1649 for the murder of the child 's father was sentenced to a year in prison and church repentance. Children killed their parents, are facing the death penalty for committing crimes qualified . Father and mother had every right to dispose of the fate of their children , to give them to the monastery , mortgage and even sell into slavery , so the child in the family was completely dependent object of parental authority .
Volunteerism marriage gets legal consolidation in a number of regulations, issued during the reign of Peter I. For example , Decree of April 6, 1722 "On examination of Fools" was forbidden to marry a mentally ill persons from - not for their ability to self- consent. At the same time in the same year, the Senate and Synod received the right to dissolve marriages forcibly , and ordered to return to " the world" taking the veil by women. Gradually there was a process alignment status of spouses , which subsequently reflected in the "Table of Ranks" , where it was referred to in Article 7 that " married wife to enter the ranks of their husbands' ranks ." History principles of family law affecting the legal regulation of marriage and family relations , allows us to interpret their dependence on the period of history. They are linked to socio-economic, moral, religious and other factors that can be considered from the standpoint of their anthological and epistemological attitudes and are social constructs . Content of the principles of family law is rational and reproduced in the public consciousness of human activity . Being conditioned , historical and sociocultural principles of family law polysemous and transformed into legislation or other forms .