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SOVIET MARRIAGE LAWS

THE " PARENTAL" DEPARTMENT The "Manchester Guardian" published' recently an interesting digest of the first of the codified laws of Soviet Russia— namely, that concerning marriage, divorce, family and guardianship. The character of the Soviet revolution necessarily did away with the whole legal system of old Russia. During a transition period; lasting only over the latter months of 1917 the Courts set up bv (ho new regime acted upon general directions and upon decrees issued by the Central Executive. But with the beginning of 1918 work was taken seriously in hand for the creation of a scientific system of laws in harmony with *ho fundamental principles of the Soviet Republic. Before a year 'had passed an almost complete system of laws had been evolved and codified. The introduction to the law of which the text is now published begins _ by dealing in advance with possible criticism, and admits that the new laws may be quite Socialistic. But. it says, they are certainly of a proletarian character, and such as to shorten the road towards full Socialism. The Soviet did not intend to create'eternal rodes, or codes to last for centuries. Their laws were drawn up with one aim—namely, that of gradually rendering the laws themselves superfluous. Society and the Parent, The first law published by the Soviet Government contains such elements of organisation-in that it sets up various Departments for the registration of civil acts. At the same time it is marked at even' stage by its transitional character. The full-fledged Socialistic State not having yet been achieved, no attempt is made to replace the paternal care of 'children by the social care of them. But children who have no one to look aftei I then, whatever the reason and whatever their condition, are handed over to the guardianship of a special Department performing its function either directly or by delegating it to guardians appointed to look after one or a group of these children. This Department is to play also an educational role by proving to parents that tho social care of children gives much better results than tho unscientific and often irrational individua\ upbringing. The principles regulating marnasra in tho Soviet Republic, again, are admitted not to be purely Socialistic. But they do awav with all the patriarchal hindrances to marriage, such as differences of faith, religious prohibitions, etc. Inasmuch ns it is poEsible for a law to do so the present Act creates absolute equality before tho law of men and women! x Wills and Prosperity. ' The old laws dealing with inheritance) had been annulled by the Soviet Republic already in the first days of its existence The introduction to tho present law points out that tho fundamental principle dominating this of the : law has only carried to its[logical concliw'on the principle of limitation of inheritanee now- universally adopted. This ■particular regulation is considered to have dealt the deathblow to tho institution of private property, as transferable from generation to generation aiyj from family to family as a matter of individual right. Private property is now only admitted as a possession for life, to be returned to the community at the death of the owner. , „ \ • i But tho framers of the law recognised that individual familiivt st:M existed and that the upbringing of children on a Socialistic basis was not ye.t a fact. For this reason they bavt allowed, as a trimsitional exception, that a portion of tho inheritance mav be given to the widow ' or other relatives of the deceased who may be in need of assistance. Children born outside marriage are entitled to equal benefit from these exceptions, andHie claims of needv relatives have preference over the dltiims of creditors. Moreover, in dealing with the claims of relatives, "attention is paid not to the nearness of their relationship, but to the extent of their nerd." The law recognises only civil marnaws, though it raises no objection against the performance of religious ceremonies. The matrimonial ago is ljjd down' n«j":±*n years for females and eighteen years tor males, which is also the period of their coming of age. Mama?* can onlr bo contracted by the mntnall consent .of the two parties. They must he both sound of mind, and must not bo relatives in the first degree in ascending or descending The mutual consent of husband and wife as well a* the desire of either of them, is considered a sufficient ground for divorce.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19200511.2.86

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 13, Issue 193, 11 May 1920, Page 8

Word count
Tapeke kupu
740

SOVIET MARRIAGE LAWS Dominion, Volume 13, Issue 193, 11 May 1920, Page 8

SOVIET MARRIAGE LAWS Dominion, Volume 13, Issue 193, 11 May 1920, Page 8

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