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Family Law

In: Other Topics

Submitted By mimimi999
Words 393
Pages 2
1 занятие

1 задача
1. В соответствии со ст.2 СК указанные в данной задаче вопросы относятся к сфере действия семейного законодательства. Согласно п.К ч.1 ст.72 Конституции РФ семейное законодательство относится к совместному ведению РФ и ее субъектов.
Согласно п.1 ст.13 СК в РФ установлен единый брачный возраст – 18 лет. Однако ч.2 указанной статьи предусматривает право органов местного самоуправления по месту жительства лиц, желающих вступить в брак, по их просьбе и при наличии уважительных причин разрешать вступление в брак лицам, достигшим возраста шестнадцати лет. Также п.3 ст.13 СК закрепляет право субъектов РФ своими законами определять порядок и условия, при наличии которых вступление в брак в виде исключения с учетом особых обстоятельств может быть разрешено до достижения возраста шестнадцати лет. Таким образом, глава администрации Нижегородской области не имел права своим распоряжением снизить брачный возраст, это может сделать лишь законодательный (представительный) орган субъекта РФ на основании принятого им в своей компетенции соответствующего закона.
Что касается второго круга вопросов – приемная семья – то глава администрации здесь также вышел за пределы своей компетенции. Так согласно п.3 ст.152 СК порядок создания приемной семьи и осуществления контроля за условиями жизни и воспитания ребенка или детей в приемной семье определяется Правительством РФ. В частности определяется, что создание приемной семьи оформляется договором о приемной семье (п.1 ст.152 СК, п.2 Правил создания приемной семьи и осуществления контроля за условиями жизни и воспитания ребенка/детей в приемной семье – утв. Постановлением Правительства РФ от 18.05.2009 №243) и что общее количество детей в приемной семье обычно не превышает 8 человек (п.3 Правил).
Таким образом, протест прокурора обоснован, т.к. указанные решения главы администрации Нижегородской области противоречат требованиям закона.
2. Субъекты РФ вправе регулировать семейные отношения. Но круг вопросов строго ограничен СК. Так абз.2 п.2 ст.3 закрепляет, что субъекты РФ регулируют семейные отношения по вопросам, прямо отнесенным СК к ведению субъектов РФ, и по вопросам, непосредственно не урегулированным СК. При этом единственно возможная форма такого регулирования – закон субъекта РФ.

5 задача
Требования Васина удовлетворению не подлежат, т.к. не основаны на законе.
Что касается возмещения расходов на свадьбу, то у Ивановой не было и не могло возникнуть никаких обязанностей в отношении этих расходов (п.1 ст.8, п.2 ст.307 ГК). А что касается подарков, то здесь нет никаких оснований для отмены дарения (ст.578 ГК).…...

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