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Family disputes. A marriage contract, contract. An integral member of the Dispute on children in the judicial process is the guardianship and custody - namely, a specialist on the protection of children. We should not neglect the treatment of specialists to protect the rights of children to go to court, only because the act of a survey of housing conditions of a minor child, and parents can be held until trial. And in no case should disregard the possibility of negotiations with the other parent, as well as in practice is not rare for voluntary settlement of the current controversial situation. Section marital property It should be noted most frequent mistake: "to whom you purchased the property - and he is the owner." This is not the case. In accordance with art. 34 of the Family Code, property acquired by spouses during marriage is their joint property.


Family disputes. A marriage contract, contract.

An integral member of the Dispute on children in the judicial process is the guardianship and custody - namely, a specialist on the protection of children. We should not neglect the treatment of specialists to protect the rights of children to go to court, only because the act of a survey of housing conditions of a minor child, and parents can be held until trial. And in no case should disregard the possibility of negotiations with the other parent, as well as in practice is not rare for voluntary settlement of the current controversial situation.
Section marital property

It should be noted most frequent mistake: "to whom you purchased the property - and he is the owner." This is not the case. In accordance with art. 34 of the Family Code, property acquired by spouses during marriage is their joint property.

By common property of both spouses are:

- The income of each spouse from work, business and the results of intellectual activity, received their pensions, benefits and other allowances, without any special purpose;

- Acquired from general revenue spouses movable and immovable property, securities, shares, deposits, shares in the capital, made to the lending institutions or other commercial organizations, and any other acquired by the spouses during the marriage property, whether in the name of someone spouse you purchased it, or to name someone or a spouse who made money.

The right to community property belongs to the spouse who during the marriage has housework, childcare or for other legitimate reasons had no independent income.

In accordance with art. 36 of the Family Code properties belonging to each of the spouses before marriage, as well as property received by one spouse during the marriage as a gift, by succession or otherwise grant transactions (property of each spouse) is worth it sobstvennostyu.Osobo noted that the privatization of apartments is one of the varieties donation transactions, which automatically excludes it from the property subject line. Especially worth noting that the privatization of apartments is one of the varieties donation transactions, which automatically excludes it from the property subject line.

Items for individual use (clothing, footwear and others), except for jewelry and other luxury items, although acquired during the marriage from the general funds of spouses are recognized as the property of the spouse who use them.

However, the regulation of marital property is applicable only if the spouses do not have a regime of property, for example - the marriage contract. In this case, if the marriage contract regime is not against the law, it is fundamental in the section of the joint property of spouses.

The court has the right to waive the beginning of equity shares of spouses in their common property, based on the interests of their minor children, as well as on other grounds. Total debts of spouses in the division of property between spouses spouses are distributed proportionally awarded the property shares.

When filing the claim on the division of joint property of spouses is required to submit to a court expert on the assessment of the disputed property, because the state tax on such a claim is payable as a percentage of the value of property subject line.
Maintenance obligations

An important issue that arose in a divorce settlement is the question of maintenance: money for the maintenance of minor children and (or) to the needy or disabled spouse. If the parents do not provide the content of their minor children, funds for the maintenance of minor children (alimony) recovered from the parents in court.

Sometimes there are cases where the parent with whom the minor children lived, refused to receive alimony. It should be borne in mind that the money collected in favor of the child rather than a parent (though with the right to receive alimony parent)! Therefore, in the recovery of child support is of no importance to the relations of parents enforceable maintenance. Moreover, the court in clarifying property spouse in a divorce, is entitled to go beyond the claims (if the spouse who remains a minor child, no claim to recover money for the child) and on their own initiative to collect alimony for the child .

An important aspect is the amount of money for the maintenance of the minor child. In accordance with art. 81 Family Code in the absence of an agreement on alimony maintenance for minor children recovered the court with their parents every month in the amount: for one child - 1 / 4, for two children - 1 / 3, for three or more children - 1 / 2 wage and (or) other income parents. These shares may be modified in the light of the court material or marital status of the parties and other relevant circumstances.

Maintenance obligations may be assigned not only the parents but also to her husband. In accordance with art. 89 Family Code, spouses are obliged to logistical support each other. In the case of such support and the lack of agreement between spouses on the alimony right to claim alimony in the courts of the other spouse has the requisite funds are:

- A disabled spouse in need of assistance;

- The woman during pregnancy and for three years since the birth of a common child;

- Needy spouse is caring for a disabled child general until the child reaches the age of eighteen years or over the child is disabled since childhood I teams;

- A disabled needy former spouse who became disabled before the dissolution of a marriage or a year from the date of dissolution of marriage - needing a spouse who has reached retirement age no later than five years from the date of dissolution of marriage if the wife had been married a long time.

State duty claims for maintenance are not.

In accordance with art. 91 Family Code in the absence of an agreement between spouses (former spouses) of the alimony amount of maintenance, enforceable by a spouse (former spouse) in court, the court determined on the basis of the material and marital status of spouse (former spouses) and other notable interests of the parties in hard cash amount payable monthly.
association claims, the case in the absence of the plaintiff and defendant

It should be emphasized that all of the above claims may be made in conjunction with the suit for divorce, ie the plaintiff is entitled to join in a petition several requirements associated with each other. However, the judge accepts the statement of claim, is entitled to select one or more of claims connected to a separate production, if recognized separate review of claims more appropriate. Of course, that all the details of a production associated with divorce, can not provide. Any of these cases in accordance with the GIC may be considered in the absence of both parties - as the plaintiff or the defendant, if the interests of the parties is a lawyer.

 
Deprivation of parental rights:
GROUNDS, OSOBENNOSTI case MODEL The statement of claim
I. On what grounds citizen may be deprived of parental rights

In accordance with Article 69 of the Family Code, parents (one of them) may be deprived of parental rights if they:

1. Evade responsibilities of parents, including the willful refusal to pay alimony;

2. Refuse without good reason to take their child out of a maternity home (office) or from other medical institutions, educational institutions, social protection or other similar institutions;

3. Abuse their parental rights;

4. Ill-treatment of children, including carrying out a physical or mental abuse, sexual attack on their integrity;

5. Are patients with chronic alcoholism or drug addiction;

6. Committed a deliberate crime against life or health of their children or the life or health of the spouse.

Reasons listed in art. 69 Family Code are not subject to extensive interpretation, that is the list is exhaustive and only if these circumstances, a citizen may be deprived of his parental rights. Especially worth noting that for the deprivation of parental rights requires at least one aspect, as defined in Art. 69 Family Code to ensure that the court found it possible to satisfy claims.

 
II. Who has the right to appeal in court, the contents of the statement of claim

The petitioners claim, that is Others eligible to file a court petition on the deprivation of parental rights can only be those who are defined in Art. 70 Family Code, namely:

1. One of the parents (those in their stead);

2. Prosecutor;

3. The bodies or agencies with responsibilities for the protection of minor children (of child welfare authorities, commissions juvenile institutions for orphans and children deprived of parental care, and others).

It should be noted that the claim of deprivation of parental rights to sue, the place of residence (permanent residence registration), the respondent (the defendants). In the case where the defendants are both parents permanently registered residence in different places, the plaintiff determines, in which court to appeal it, that is Residential any of the defendants. In the event that both parents have no permanent residence registration in the Russian Federation, the petition may be filed at the last known place of residence of the defendant (the defendants) or the location of the property of the defendant (the defendants).

To appeal to a court applicant must be in writing up the statement of claim of deprivation of parental rights, with the obligatory indication of prescribed art. 131 Civil Procedure Code:

1) The name of the court, in which the application;

2) The name of the complainant, his place of residence, as well as the representative name and address, if the application is filed representative;

3) The name of the defendant, his place of residence;

4) What is the violation or threatened violation of the rights, freedoms and legitimate interests of the plaintiff and his claim;

5) the circumstances under which the plaintiff bases its claims and evidence of those circumstances;

6) a list attached to the application documents.

The statement may be listed phone numbers, faxes, e-mail addresses plaintiff"s representative, the defendant, other information relevant to the consideration and resolution of the case and the plaintiff"s petition contained.

In the case of the prosecutor to protect the legitimate interests of citizens in the declaration should contain a rationale for the impossibility of a claim by a citizen.

The statement of claim signed by the claimant or his representative if he had the authority to the signing statements and presenting it in court.

Furthermore, in accordance with art. 132 GIC Russia to statement of claim the plaintiff must be accompanied by:

1. Copies of the statement of claim in accordance with the number of defendants and third parties;

2. a document confirming payment of state taxes;

3. power of attorney or other document verifying the credentials of the representative plaintiff;

Documents confirming the circumstances under which the plaintiff bases its claim, copies of these documents for the defendants and third parties, if they have no copies.

Thus, the documents to the statement of claim for deprivation of parental rights are: child"s birth certificate (children), a marriage certificate (dissolution of marriage), parents of a child, an excerpt from the book home and a copy of the financial - personal account of residence and the child"s parents, background and characteristics from the child"s school or other institution, a medical report on the status of the child"s health, background and characteristics with the job of parents, information about the location of registered (or lack of a record) in psihonevrologicheskom dispensary and drug dispensary parents, certificate of availability (or absence) of criminal and (or) the administrative responsibilities of parents.

In addition, the claimant may be represented by any number of additional evidence, such as a certificate of service bailiffs on the debt of parents (one of them) for payment of funds for child support (alimony), with a characteristic residence defendants (one) and etc.

Please note that the novel of Civil Procedure Code has become the rule embodied in art. 132, namely, that all documents attached to the statement of claim must be submitted to the court with copies to the number of persons involved in the process.

The list of documents is not exhaustive and undeniable, as is often the parents do not have residence registration (those sleepers, or the child"s parents never married, or parents do not work or child does not attend a nursery or medical facilities. In such cases, you must specify in the statement of claim, it is not possible to provide this documentation and thus avoid leaving the court claim without traffic due to the absence of the above-mentioned documents. In addition, often the plaintiff did not have on hand the documents required for submission to the court. In this regard, with claims in court must make a request or indicate in the petition, it is not possible presentation of evidence in the case and ask the court for assistance in gathering evidence. After the petition, the court will provide the plaintiff request to the competent organization.

A sine qua non for the filing of the statement of claim in court is duty paid on the details of the court. The amount of payment of the claim of deprivation of parental rights is 10% of the minimum wage. Payment may be made at any branch of the Savings Bank of Russia.

The law provides that the plaintiff is entitled to pursue the case in court (including file a petition) is not only personally, but through a representative. Representatives may be any adult fit person, whose authority confirmed the relevant document - the power of attorney. The power of attorney may be discharged from any notary. Furthermore, in accordance with art. 53 Code of Civil Procedure, the power of attorney issued by the citizens, can be certified organization that is working or studying trustee, housing and operational organization of residence trust, the administration of the institution of social protection, in which the trustee, as well as the hospital, which Trusting is treated, the commander (chief) of the respective military units, compounds, institutions, military school, where the power of attorney given to military personnel, employees of these parts, connections, institutions, military education or their families. Proxies in places of detention, certified by the chief of the respective places of detention.

In addition, the plaintiff may file a petition not only personally or through a representative, but also to send a complaint to the court by mail, as well as to seek a court considering the case in his absence.

A prerequisite for the court through a representative is the correct authorization. The conditions for the implementation of representation in the courts, enshrined in Art. 54 GIC Russia, which determines that a representative may do on behalf of an all proceedings. However, the right representative to the signing of the statement of claim, bring it to court, refer the dispute to the arbitration court, making a counter-claim full or partial denial of claims, reducing their size, the recognition of the claim, changing the subject or cause of action, the conclusion of the settlement agreement, the transfer of authority to another person (of substitution), an appeal court ruling, presenting an executive document to recover, receive awards of property or money should be specifically stipulated in the power of attorney issued submitted face.



Опубликовано: 04.01.2009
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