• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Maintenance Obligations in Family Law

Student: Lidiya Zamkova

Supervisor: Natalia Udalova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2016

In work on the basis of the analysis of legislation, judicial practice and scientific literature is given to the concept of alimentary obligations. Also the work provides the description of maintenance obligations of family members and determines the grounds of their origin. This work substantiates a conclusion that the Family Code of the Russian Federation should provide for the regulation of maintenance of relations of parents in favor of the disabled in need of adult children, that under the age of 23 years and receiving higher professional education. The author reveals the other defects of the legislation and enforcement practice, suggests ways to improve the legislation. The author describes two different ways to pay alimony: alimony payments to an alimony payment agreement and recovery of the maintenance in the judicial order. As a result of the analysis, the subject of the agreement may be understood in terms of size, form and the way of alimony payment. The area of potential subject of the alimony agreement is determined by articles 80, 85, 87, 89, 90, 93-97 of the Family Code of the Russian Federation. The agreement about the maintenance provision formed between other persons is regarded as an untitled civil legal agreement, is unenforceable unlike executive writ and is not included into the body of legal rules of the Family Code of the Russian Federation. Touched upon urgent problems which appear as courts apply the rules on responsibility for improper fulfillment of alimony obligations. In order to secure the judicial practice uniformity, it is suggested to improve the legal regulations on application of material sanctions for the delay or failure to fulfill alimony obligations in the absence of the provisions on responsibility of alimony payer in the agreement.

Full text (added May 15, 2016)

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses