Правовое регулирование фактических брачных отношений в Российской Федерации и США

Abstract

This article is devoted to the analysis of legal regulation of marriage in fact in the Russian Federation and the United States. The purpose of this work is due to an increase in the number of marriage in fact and as a consequence the need for legal regulation of these relations. For a comprehensive study the author uses comparative legal method that takes into account the experience of not only Russia, but also foreign states. The author examines the legal regulation of marriage in fact in Russia and the United States; defines the legal norms, which is applied for the regulation of relations between the actual spouses, current Russian legislation and the legislation of the states of the USA. In the issue the researcher comes to the conclusion that neither in Russia, nor in the US states in the regulation of marriage in fact, special marriage and family provisions are not applied. At the same time the factual spouses are under legal protection. In Russia, the legal regulation of the relations developing between the actual spouses, no different from the regulation of corresponding relations of other persons. In some US states the actual spouses have special rights and duties, the scope of which is substantially less than the amount of the rights and duties of legal spouses.