The principle of protection of motherhood as a legal means of ensuring the interests of the mother (using Article 17 of the Family Code of the Russian Federation as an example)

The principle of protection of motherhood as a legal means of ensuring the interests of the mother (using Article 17 of the Family Code of the Russian Federation as an example)

Authors

  • Liubov MAKSIMOVICH All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation, Moscow

Keywords:

divorce, restriction of the husband's right to divorce, wife's consent to divorce, principle of maternity protection, pregnancy, child under one year of age, common child of the spouses

Abstract

The article examines the position of the current legislation in terms of limiting the husband’s right to initiate proceedings for divorce without the wife’s consent during her pregnancy and within a year after the birth of the child, regardless of whether the child born is a common child of the spouses. The controversial aspects of the legal norm contained in Article 17 of the RF IC are considered.

Author Biography

Liubov MAKSIMOVICH , All-Russian Academy of Foreign Trade of the Ministry of Economic Development of the Russian Federation, Moscow

PhD in Law, associate professor, professor of the Department of Civil and Entrepreneurial Law

Published

2025-04-16

Issue

No. 1 (81) (2025): Herald of Tver State University. Series: Law

Section

Актуальные вопросы частного права