Goals of family legal relations
Within the framework of family legislation, the goals of the legal regulation of these relations within the framework of modern Russian law, as well as its principles, are clearly defined.
Most researchers of national law identify the following main goals of family law:
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- strengthening intra-family relationships of its members, which should be based on respect, love, responsibility and mutual understanding;
- promoting the establishment of relationships in the family that are favorable for the free development of citizens and the upbringing of the younger generation.
Contents of marriage relations
Marriage legal relations mean the relationships that arise between a man and a woman after the official registration of marriage. They are valid during the marriage, until its dissolution. But there is an exception. If a divorced couple is bound by alimony obligations, then their legal marriage relationship is not yet over.
For example, after a divorce, a man pays alimony for the maintenance of a minor child. This means that their marital relationship will last until their child turns 18, since payments will stop at this age.
Subjects of family legal relations
Definition 3
The subjects of family legal relations are individuals who are married, consanguineous, or in a relationship of adoption.
Based on the norms of modern Russian family law, it is customary to distinguish the following subjects of family legal relations:
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- Spouses;
- Parents and children;
- Adoptive parents and adopted children;
- Grandparents and so on downwards;
- Siblings, half-brothers, step-brothers;
- Stepmother and stepfather, stepdaughter and stepson.
Note 1
All other relatives, which can include uncles, aunts, nephews, and so on, do not belong to the subjects of legal relations, with the exception of certain cases when, in accordance with the law, their legal status changes.
Law, theory and concept of law
1. A family legal relationship is a strong-willed personal non-property or property relationship, defined by family law and regulated by the norms of family law, and in certain cases by civil law norms, in which the participants are legally bound by the presence of mutual subjective rights and obligations. 2. Family legal relations arise as a result of the impact of family law norms on the social relations they regulate. The emergence of family legal relations is preceded by: the publication of norms regulating these social relations (normative prerequisites); endowing subjects with legal capacity, allowing them to be bearers of the rights and obligations provided for in legal norms (legal prerequisites); • the presence of relevant legal facts with which the rules connect the emergence of these legal relations (legal-factual prerequisites). Family legal relations are one of the types of legal relations that have the following properties common to legal relations in all branches of law: social character; based on law; the inextricable connection of legal relations with legal norms, which are the normative basis for their emergence, change, and termination; the existence of a connection between mutual legal rights and obligations that arise for subjects of law upon the occurrence of certain legal facts; volitional nature, i.e. associated with the will of the state, expressed in law by the individual will of its participants (the psychological mechanism of the action of law).
Family legal relations (not to be confused with family relations) have the following specific features: %/ do not regulate all family relations, but only a certain part specified in the family law; subjects of family legal relations are legally equal to each other; limited circle of subjects of family legal relations;
possible establishment of family legal relations by agreement of the parties; • are of a personal and confidential nature. The classification of family legal relations can be carried out on various grounds: based on the content, family legal relations can be divided into: personal (non-property); property;
• according to their subjective composition, family legal relations are divided into: those consisting of two participants (simple); consisting of three participants (complex). For example, parents and child);
• according to the degree of individualization: relative, in which all participants in the legal relationship are identified by name; absolute, in which only one side of the legal relationship is individualized.
The relationship between personal and property relations in the subject of family law
In the new Civil Code, personal non-property relations not related to property relations are excluded from the subject of civil law regulation. Paragraph 2 of Article 2 only states that intangible benefits are protected by civil law, unless otherwise follows from the essence of these benefits. In his commentary to the Civil Code, M.I. Braginsky explains this by saying that the authors of the Code adopted the point of view according to which civil law only protects the objects of non-property relations, but does not regulate them. This solution to the issue seems highly controversial. Firstly, any branch of law protects not objects, but the relationships arising in connection with them.
Secondly, due to the narrowing of the subject of civil law regulation, it is impossible to explain how civil law regulates civil law conditions. Relations related to the regulation of legal capacity, legal capacity, their limitation, emancipation are personal non-property relations not related to property ones. Civil law, of course, not only protects, but also regulates them. Without going into the controversy between regulation and protection theorists, the same conclusions apply to most personal relationships governed by family law.
It cannot be considered completely accidental that Article 2 of the new Family Code talks about “establishing” the procedure and conditions for marriage, its dissolution and recognition as invalid, and about “regulating” other family relations. The Family Code does not make a clear distinction between “regulation”, on the one hand, and “establishment” and “protection” on the other (for example, the article 2 of the Family Code in question is entitled “Relations regulated by family law”), but there is a certain difference between these concepts still exists.
Among modern scientists, the limits of regulation of non-property relations by law were more clearly defined by O. S. Ioffe. In relation to personal family relationships, “the objective possibilities of legal regulation turn out to be, in his opinion, significantly limited, since these relationships ... are associated with the inner world of experiences that are not amenable to external control.” Therefore, if for family relations the law introduces a general regime of legal regulation, then legal norms devoted to personal relationships between family members affect only their individual aspects. Defining the subject of family law, O. S. Ioffe specifically draws attention to the fact that “family law is a system of legal norms regulating, within the limits controlled by the state, personal and property relations...” So, we can conclude that in the field of personal relations, law determines only the external boundaries of their beginning and end: conditions for marriage, termination of marriage, establishment of paternity, deprivation of parental rights, etc.
In addition, the law establishes some general imperative prohibitions, a general framework within which personal family relationships are carried out, the very content of which is outside the scope of legal regulation. For example, the law does not determine the forms and methods of raising children, but prohibits the abuse of these rights. Personal non-property relations of spouses are even less regulated by law. Indeed, we see that the law does not and cannot regulate either the intimate life of spouses or their personal relationships. Norms-declarations that bind spouses to take care of each other, establishing the equality of spouses in resolving issues of family life, are those very “imaginary rights” that G. F. Shershenevich spoke about. The law does not know how to enforce them. It does not even contain general boundaries for the exercise of these rights by spouses.
All the above arguments confirm the fact that property relations in the subject of family law are given more space than personal non-property relations. But if this is so, then the subject of family law turns out to completely coincide with the subject of civil law. In both branches, the basis of the subject is property relations, and personal non-property relations occupy a secondary position in it. However, for a final answer to this question, it is necessary to find out whether family relations do not have specific features that distinguish them so significantly from civil ones that this allows us to speak about the sectoral independence of family law.
Tags: Family
Legal facts
The law associates the emergence, change and termination of family legal relations with various circumstances (legal facts), which in family law are, as a rule, a form of reflection of a certain personal connection between people: marriage, kinship, adoption, etc.
Some legal facts
represent certain
actions
of subjects of family law, others are
events
(i.e. phenomena that do not depend on the will of a person).
Actions
can be divided into
legal
and
illegal.
Legal actions include marriage, establishment of paternity, adoption, etc. The law, as a rule, determines not only the nature of the action that must be performed for the emergence of the corresponding family legal relationship (or its change or termination), but also in which body it should be committed (by the registry office, court, local government).
Unlawful actions that, as a rule, lead to the termination of a family legal relationship include such as entering into a marriage in the presence of obstacles to its conclusion, exercising parental rights in conflict with the interests of the child, etc.
The law also connects the emergence, change and termination of family legal relations with certain events in the lives of spouses and other family members. For example, the birth of a child leads to the emergence of legal relations between parents and children, and the death of a spouse entails the termination of marriage and family legal relations between spouses.
Events of a continuing nature play a major role in the development of family legal relations
so-called
states.
These include: relationship, disability, need, etc.
Kinship
- This is a blood connection between persons descended from one another or from a common ancestor.
Consanguinity varies by line and degree.
A number of relatives descending from one another form a direct line of kinship. This line can be ascending if the count is from descendant to ancestor (for example, grandson, son, father), and descending if the count is from ancestor to descendants (for example, father, son, grandson).
Relatives descended from a common ancestor constitute a collateral line of kinship. Lateral kinship can be full-blooded, if relatives descend from common ancestors (for example, a common mother and father), or half-bred, if relatives have one common ancestor (for example, a common mother, but different fathers). Relatives in the direct line are closer than relatives in the lateral line.
Along the line of consanguinity, counting is carried out according to degrees, which determine the closeness of the relationship. Degrees of relationship are calculated by the number of births. For example, father and son are in the first degree of kinship in a direct line, brother and sister are in the second degree of kinship in a collateral line, uncle and niece are in the third degree of kinship in a collateral line, children of siblings (cousins) are in the fourth degree of collateral relationship.
In family law, the legal fact is lineal kinship and collateral kinship up to the second degree of kinship.
Consanguinity (certified in the prescribed manner) is the basis for the emergence of legal relations between parents and children. Only alimony obligations arise between other close relatives (for example, the obligation to support a child can be assigned to the grandfather, grandmother, his own (full and half-blooded) brother or sister, provided that alimony cannot be obtained from the child’s parents).
The relationship of one spouse and his relatives with the relatives of the other spouse (property) does not give rise to mutual rights and obligations. The exception is the relationship between a stepfather (stepmother) and a stepson (stepdaughter) - the natural children of each spouse. It, along with other legal facts, gives rise to a child support obligation for adult able-bodied stepchildren (stepdaughters) in relation to disabled and needy stepfathers (stepmothers) (Article 97 of the RF IC).
Disabled
persons recognized as disabled people of groups I, II and III, as well as persons who have reached retirement age (as a general rule, women are 55 years old, men – 60 years old) are recognized.
Under need
means the absence of any or sufficient means of subsistence. Need, as a rule, is established by the court, for example, when collecting alimony for disabled and needy parents, spouses, etc.
Some family legal relations arise, change or terminate in the presence of a set of legal facts (legal compositions).
Thus, legal relations between spouses arise when there is mutual consent of a woman and a man to marry, they reach marriageable age and state registration of marriage with the registry office.
