Master
2024/2025
The Family and Marital Law of the Russian Orthodox Church
Type:
Elective course (State-Сonfessional Relations. Legal Regulation of the Operations of Religious Organisations)
Area of studies:
Law
Delivered by:
Higher School of Law and Administration
Where:
Higher School of Law and Administration
When:
2 year, 1, 2 module
Mode of studies:
offline
Open to:
students of one campus
Master’s programme:
Государственно-конфессиональные отношения. Правовое регулирование деятельности религиозных объединений
Language:
English
ECTS credits:
3
Contact hours:
32
Course Syllabus
Abstract
Course "Family Law. Marriage and family law of the Russian Orthodox Church ”is intended to familiarize students with the basic concepts of existing marital and family law of the Russian Orthodox Church, the history of the formation and development of the institution of church marriage, sources of marriage and family law, the evolution of church marriage in Russia, especially during the synodal period; to study the current state of marriage and family law of the Russian Orthodox Church. The main goal of the course is to form an understanding of the principles, terms and concepts of marriage and family law of the Russian Orthodox Church at the present stage and in the historical perspective. Within the framework of the course, it is supposed to study the process of formation of the institution of church marriage; the correlation of church and secular legislation in the issue of regulating family and marriage relations in a historical perspective is analyzed; issues of definition of church marriage are being studied; explores barriers to church marriage; rights and obligations of spouses, grounds for termination of marriage, recognition of marriage invalid. The course includes the study of the current state of marriage and family law of the Russian Orthodox Church, including the current legislation and issues related to its application. Particular attention is paid to the relationship between secular and church legislation in the regulation of marriage and family relations. The modern concepts of marriage and family adopted in the current legislation of the Russian Orthodox Church and the legislation of the Russian Federation are compared. The issue of the formation of church marriage (in the Eastern tradition) is considered, inter alia, in the context of the evolution of Roman marriage and family law, in particular, the post-classical period and the reign of Emperor Justinian I. The most important source of regulation of marriage and family relations in Byzantium is studied - the imperial legislation. The history of marital and family law of the Russian Orthodox Church is studied in the framework of its development in the pre-synodal / synodal periods; considered are translated sources (such as, for example, the Gradsky Law (Prokhiron), which was included in the Printing Helmsman of 1653 as 49 (48) chapter), as well as regulatory legal acts of local origin.
Learning Objectives
- The main goal of the course is to form an understanding of the principles, terms and concepts of marriage and family law of the Russian Orthodox Church at the present stage and in the historical perspective. Within the framework of the course, it is supposed to study the process of formation of the institution of church marriage; the correlation of church and secular legislation in the issue of regulating family and marriage relations in a historical perspective is analyzed; issues of definition of church marriage are being studied; explores barriers to church marriage; rights and obligations of spouses, grounds for termination of marriage, recognition of marriage invalid. The course includes the study of the current state of marriage and family law of the Russian Orthodox Church, including the current legislation and issues related to its application.
Expected Learning Outcomes
- be able to discuss, uphold and express your thoughts, substantiate your arguments, own a method of comparing foreign and national law
Course Contents
- Concepts, definitions, terms of marriage and family law of the Russian Orthodox Church (historic
- Marriage and family in Roman law
- The formation and evolution of church marriage (Eastern tradition)
- Church marriage in Russia in the pre-synodal period
Bibliography
Recommended Core Bibliography
- Bumbaca, V. (2018). Habitual residence in International family law. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.10D0389B
- Wadlington, W., O’Brien, R. C., & Wilson, R. F. (2018). Family Law in Perspective (Vol. Fourth edition). St. Paul, MN: Foundation Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1815470
Recommended Additional Bibliography
- Atkin, B. (2019). Family Law —— Solidarity or Disarray? Victoria University of Wellington Law Review, 50(2), 369–385. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=asn&AN=139246174
- The international family law practice, Hodson, D., 2013
- Семейное право : учебник для вузов, Антокольская, М. В., 2002