Family law practical
Replenishment date: 17.09.2013
Content: 30917182237660.rar (26.89 KB)
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Description
Collection of practical tasks
in the discipline "Family Law".
Situation 1.
Krasnov A.A. and Petrova V.N. registered the marriage in the registry office with the consent of the local government from the age of 16, since Petrova V.N. had to give birth to a child. After the birth of the child, a year later, Petrova V.N. applied to the court with an application for divorce and the recovery of alimony from A.A. Krasnova. in favor of the child. The court satisfied the claim for divorce, and refused to collect alimony, since A.A. Krasnov at the time of the decision of the court was not yet 18 years old, although Krasnov A.A. had an independent income at the time of the divorce.
Is the court right? Justify the answer.
Situation 2.
Citizen S.S. Smirnova applied to the registry office with a request to register a marriage with a citizen NN Kryukov, who was in prison at that time. Having presented the written consent of N.N. Kryukov to register a marriage. February 15, 1998 the marriage was registered and Smirnova S.S. received a marriage registration certificate from the registry office. October 15, 1998 Kryukov N.N. died in prison and on November 15, 1998. Smirnova S.S. demanded from the notary to transfer her by inheritance a one-room apartment, which belonged to the deceased by right of ownership, having written a corresponding statement.
Parents of Kryukov N.N. did not agree with this and filed a statement of claim in court.
Identify the parenting questions asked in the complaint. What will the court's decision be?
Situation 3.
On the eve of the wedding, Petrov S.S. asked her fiance Sidorov N.N. undergo a medical examination for the presence of a sexually transmitted disease.
As a result of a medical examination, N.N. Sidorov was found. venereal disease, but he hid it from his bride, saying that he was healthy. A month after the wedding, Petrov S.S. learned that she had contracted a venereal disease.
In this regard, she went to court with a claim to invalidate the marriage.
What should the judge take and what decision on the claim of S.S. Petrova should be rendered?
Situation 4.
The following points were provided in the marriage contract of the Petrovs:
1. Gifts received during marriage by spouses or one of them from mutual friends and intended for the use of both spouses are both during the marriage and in the event of its dissolution as the joint joint property of the spouses.
2. Citizen Petrova V.N. grants citizen S.I. Petrov, during marriage the right to use (residence with the right to register a permanent place of residence - registration) belonging to citizen V.N. owned by a residential building located at: 115372, Moscow, st. Lipetskaya, 5 sq. 20. In case of divorce, the right to use the said housing (right of residence and registration of permanent residence) from citizen SI Petrov. stops.
3. In the event of divorce, citizen SI Petrov. is obliged to pay alimony for the maintenance of one child if he stays with the mother of V.N. monthly not less than 5 times the minimum wage, regardless of his monthly income.
4. Family relations in the event of divorce are regulated only by this marriage contract. None of the spouses has the right to apply to court for the protection of their rights;
The notary refused to certify this prenuptial agreement, because some of its points are contrary to family law.
Define these points and justify the notary's refusal.
Situation 5.
By a court decision of 15.03.98/XNUMX/XNUMX Sidorov N.N. was deprived of parental rights, since when he met his son, he negatively influenced his upbringing: he drank himself and forced his son to drink, etc.
02.04.98/XNUMX/XNUMX Sidorov N.N. I went to court with a claim to cancel the payment of alimony for the child, t.to. he is deprived of parental rights.
What decision should the court make?
in the discipline "Family Law".
Situation 1.
Krasnov A.A. and Petrova V.N. registered the marriage in the registry office with the consent of the local government from the age of 16, since Petrova V.N. had to give birth to a child. After the birth of the child, a year later, Petrova V.N. applied to the court with an application for divorce and the recovery of alimony from A.A. Krasnova. in favor of the child. The court satisfied the claim for divorce, and refused to collect alimony, since A.A. Krasnov at the time of the decision of the court was not yet 18 years old, although Krasnov A.A. had an independent income at the time of the divorce.
Is the court right? Justify the answer.
Situation 2.
Citizen S.S. Smirnova applied to the registry office with a request to register a marriage with a citizen NN Kryukov, who was in prison at that time. Having presented the written consent of N.N. Kryukov to register a marriage. February 15, 1998 the marriage was registered and Smirnova S.S. received a marriage registration certificate from the registry office. October 15, 1998 Kryukov N.N. died in prison and on November 15, 1998. Smirnova S.S. demanded from the notary to transfer her by inheritance a one-room apartment, which belonged to the deceased by right of ownership, having written a corresponding statement.
Parents of Kryukov N.N. did not agree with this and filed a statement of claim in court.
Identify the parenting questions asked in the complaint. What will the court's decision be?
Situation 3.
On the eve of the wedding, Petrov S.S. asked her fiance Sidorov N.N. undergo a medical examination for the presence of a sexually transmitted disease.
As a result of a medical examination, N.N. Sidorov was found. venereal disease, but he hid it from his bride, saying that he was healthy. A month after the wedding, Petrov S.S. learned that she had contracted a venereal disease.
In this regard, she went to court with a claim to invalidate the marriage.
What should the judge take and what decision on the claim of S.S. Petrova should be rendered?
Situation 4.
The following points were provided in the marriage contract of the Petrovs:
1. Gifts received during marriage by spouses or one of them from mutual friends and intended for the use of both spouses are both during the marriage and in the event of its dissolution as the joint joint property of the spouses.
2. Citizen Petrova V.N. grants citizen S.I. Petrov, during marriage the right to use (residence with the right to register a permanent place of residence - registration) belonging to citizen V.N. owned by a residential building located at: 115372, Moscow, st. Lipetskaya, 5 sq. 20. In case of divorce, the right to use the said housing (right of residence and registration of permanent residence) from citizen SI Petrov. stops.
3. In the event of divorce, citizen SI Petrov. is obliged to pay alimony for the maintenance of one child if he stays with the mother of V.N. monthly not less than 5 times the minimum wage, regardless of his monthly income.
4. Family relations in the event of divorce are regulated only by this marriage contract. None of the spouses has the right to apply to court for the protection of their rights;
The notary refused to certify this prenuptial agreement, because some of its points are contrary to family law.
Define these points and justify the notary's refusal.
Situation 5.
By a court decision of 15.03.98/XNUMX/XNUMX Sidorov N.N. was deprived of parental rights, since when he met his son, he negatively influenced his upbringing: he drank himself and forced his son to drink, etc.
02.04.98/XNUMX/XNUMX Sidorov N.N. I went to court with a claim to cancel the payment of alimony for the child, t.to. he is deprived of parental rights.
What decision should the court make?