Family relationships: essence, features

2024 Author: Priscilla Miln | [email protected]. Last modified: 2023-12-16 00:21

Family relationships and life together are complicated things. It is quite painless to solve recurring problems. What to do if a crisis in family relations has begun? First of all, check if your spouse is behaving legally, what if it's time to go to court? Family relations and law is a sensitive and rather complex topic that requires a serious approach. Try to understand all aspects of family law in order to always feel protected, know your rights and obligations to other family members. And this article will help you with this, the main topic of which is family relations from the point of view of their legal regulation.

Conditions for marriage

The norms of family relations without the legislative registration of the marriage union as the basis for creating a family are impossible in principle. That is why it is advisable to start with the necessary conditions for marriage:

• mutual voluntary consent of a woman and a man;
• achievement by both partners who wish to register their relationship officially, marriageable age. In Russia, it is legally equal to eighteen, but the law also does not prohibit the marriage of sixteen-year-old citizens, but with the permission of the local administration and only if there are good reasons for this, such as the bride's pregnancy. Moreover, even sixteen years is not the limit, in some cases even fourteen-year-old citizens are allowed to enter into a marriage union;
• the absence of any of the partners concluded and not yet terminated marriage unions;
• lack of close family ties among future spouses (it is forbidden to marry relatives in terms of proximity up to cousins, marriage between a ward and his guardian is also not allowed);
• capacity of both persons wishing to marry (in case of violation of this condition due to poor preliminary verification of citizens and recognition as incapacitated due to a mental disorder of one of the spouses, the marriage is simply invalidated).

These conditions really function in the legal field of marital relations, and the absence of any of them does not allow marriage, and already concluded (if there is an external error when checking compliance) marriage is declared invalid and void from a legal point of view.

Family in terms of legal regulation

Marriage and family relations in the aspect of family law and legislation: the family is specialan organism that has a number of its own distinctive features. From the point of view of law, a family is a group whose members are interconnected by close ties from a legislative point of view in the form of mutual rights and obligations. These connections are born in accordance with the element of consanguinity, marriage, adoption or adoption.

The latest approved laws say that the state does not consider it possible to interfere in the personal family relationships of people. This also applies to their intimate sphere.

That is, the legislative side, through the norms of family law, regulates relations in the family, which establish the order in which rights and obligations arise. Family law establishes:

• Necessary conditions that determine the procedure for entering into marriage, as well as its termination or invalidation.
• Personal non-property and family property relations between all family members, namely parents and children, spouses.
• The procedure for placing orphans in a family (one of the most important positions at the moment).
• Certain types of legal relations on civil family issues between other, mainly distant relatives and other persons in cases provided for by the relevant legislation.

It is clear that the range of issues covered by family law regulation is exhaustive today. Moreover, there is a real potential for its expansion in cases and within the framework provided by law.

Legalregulation of family relations is a set of legal norms responsible for the regulation of property and personal non-property relations born of marriage, kinship and adoption (or adoption).

Interaction among members of the same family, which are regulated by the rule of law, is called family legal relations. The essence of family relations is multifaceted and includes the subjective and objective sides, the content and principles of mutual relations between people in marriage.

Subjects

Important in legal regulation is the issue of subjects of family legal relations. Their list includes a man and a woman who have entered into a marriage relationship (same-sex marriages, like polygamy, are prohibited in Russia), other relatives by blood, adoptive parents and adopted children (adoptive parents and adopted children), and in the latter case, guardianship authorities are also added to the number of subjects and guardianship.

Objects

The factor of objects of family legal relations is also important. They are the behavior of the subject of legal relations and his individual actions regarding members of his own family, as well as personal and common family property, as well as other material benefits.

Contents

The next point in the matter of family legal relations is their content. It includes such components as the rights and obligations of family members on a reciprocal basis from a material position. From the point of view of the spiritual component, family relations are built on the fact that family and marriage should be based on feelings of respect and mutual love, mutual assistance andpersonal responsibility of each family member to her.

Principles

The following are approved as the main principles on which marriage and family relations are built:

• equality of spouses from both legal and spiritual positions;
• voluntariness of marriage between a man and a woman;
• priority set for raising children in the family;
• decisions made within the family by compromise through mutual consent and concessions;
• concern for the welfare of children and their effective development on various points;
• ensuring the priority protection of the rights of children, as well as family members who are unable to work.

The law categorically prohibits any restrictions on the rights of citizens entering into marriage, and in the course of further family life on issues of discrimination related to race, nation, social class, religion. However, as mentioned above, not all family relationships can be regulated by law.

Thus, the state cannot, by law, intervene in personal intimate relationships, which, as we understand by the adoption of the relevant law, today include domestic violence. This question seems to be ambiguous and, moreover, rather paradoxical.

Terms in family law. What is it

Family relations between spouses and parents with minor children of a property and non-property nature do not have clearly defined boundaries (from the point of view of legislation, they are called lasting). However, it should be realized thata certain level of clarity and rigor in the regulation of family relations from the point of view of law is necessary. This very clarity is ensured by the approval of known terms in family law. They are not the same in terms of their degree of uncertainty. Terms can be conditionally divided into several groups due to the different degree of their duration.

Let's go through each group and illustrate with examples:

• The first group is formed by the terms of existence of some obligation or right. As an example, let's cite a sore subject of modern society, covered in the Family Code of the Russian Federation: an ex-wife during her pregnancy and within three years after the birth of a child has the right to demand from his father (and part-time ex-spouse) to pay her alimony in the proper amount (except those intended for a minor child).
• Group number two is formed by terms: binding, prohibitive and permissive. For example, marriage in the civil registry offices is carried out after a month, counted from the date of filing by persons wishing to enter into a marriage relationship, an application to the registry office. And we must not forget that this period can be both increased and reduced, but only if there are really good reasons and for no more than a month, either one way or the other.

Let's take a closer look at the issue of terms in family law, indicating their application in the articles of the main legislative act of Russia in the field of family legal regulation in the Family Code:

• Permitted by lawwrite in the Birth Certificate of the child in the column "father" of the former spouse, provided that the baby was born no more than three hundred days after the dissolution of the marriage, the death of the spouse or the invalidation of the union - article 48, paragraph 2.
• If both parents or one of them, for objective reasons, live separately from their child and under these conditions evade his maintenance and upbringing for more than six months, the guardianship authorities may give consent to the adoption of children without the knowledge of their parents and agreement with them - Article 130.
• Without the consent of the spouse, the husband is prohibited from filing for divorce until one year has passed since the birth of the child - article 17.
• A child cannot be adopted earlier than six months after the decision to deprive his parents (or parent) of parental rights is made - article 71, paragraph 6.

The Family Code establishes some rules regarding the court. So, the latter is bound before the expiration of three days from the date when the decision came into force, to send an extract from the court decision to the civil registry offices in the following cases:

1. Recognition of marriage as invalid - article 27, paragraph 3.
2. Deprivation of rights of parents (or one of them) - article 70, paragraph 5.
3. Establishing the adoption (or adoption) of a child - article 125, paragraph 2.
4. Cancellation of the adoption (or adoption) of a child - article 140, paragraph 3.

Obligations are also assigned to guardianship and guardianship authorities. They must, after the expiration of the six-month periodrestrictions by the court of parents (parent) in parental rights to sue for their complete deprivation - article 73, paragraph 2.

a lawsuit to the judicial authorities to deprive one or both parents of parental rights or, in the least dangerous cases for the child, to limit them.

A very specific period can be set: a year or a month from the moment of the occurrence of such and such an event and similar options. However, it can also reflect any period of time, a time period: the period of being married, and it is possible that the period is limited by any framework: no later, no earlier, during, and the like.

As indicators of time and timing, the Family Code uses such adverbs as "immediately", "immediately" and others as terms. Often such a wording is present in cases where delay is either highly undesirable or even fatal. A vivid example: in case of a serious threat to the he alth or life of a child, the guardianship body is obliged to immediately take it away from negligent parents or persons performing their functions - article 77, paragraph 1. The beginning, from which the set period is counted, usually sounds something like this: "from the day the fact is established "or" from the date of entry intoforce of judgment" and so on.

It is important to know, in order to avoid confusion, that other, in comparison with the Family Code, the terms approved in by-laws and legal regulatory legal acts may differ. Often there is a detailing of the terms previously approved with the client.

The duration of the claim and legal acts is an important component. The general terms of this concept do not exceed three years.

Family Law Sources

Sources of family law is a strictly established issue that does not require any changes or additions. First of all, the main state law, the Constitution of the Russian Federation, approved by a referendum of 1993, should be attributed to the sources of family law. We understand that she occupies a leading position both in the legal system of Russia in general and in the sphere of family relations in particular.

Chapter number two of the Constitution is called "Rights and freedoms of man and citizen" and is of decisive importance in the regulation of relations within the family. Let us give examples proving this position. A man and a woman have an equal set of rights and freedoms, as well as the same opportunities for their implementation, we read about this in Article 19.

Article number 21 affirms the child's right to personal human dignity and his obligatory respect. The dignity of the subject, according to the Constitution, is under the protection of states and cannot be underestimated under any circumstances.

Article 35 is responsible for regulating legal and contractual possession of matrimonial property. In herthe main principles in ensuring compliance with the law in property relations are noted.

The guarantee of freedom of thought and speech for every citizen is provided by Article 29 (its first part). This provision of the Constitution is reflected in another source of family law - the Family Code. Article 57 ensures the right of the child to express his or her own opinion on certain matters.

A number of fundamentally important definitions for family legal regulation are contained in the Civil Code of our state. As the main ones, one can recall: legal capacity, legal capacity, place of residence and many others. It contains a number of fundamentally important definitions for family law. The Civil Code has the right to establish the procedure for the disposal or alienation of the rights of minors to certain property by their parents or those people who replace them socially.

The Family Code of Russia most fully regulates family relations. Its text includes absolutely all the currently existing legal norms in the country regarding this aspect. In one way or another, it reflects the factors influencing family relations and their regulation. These norms are subject to specification on the following points:

• General provisions.
• Rights and obligations of spouses.
• Conclusion and termination of marriage.
• Rights and responsibilities of parents and children.
• Forms of education of children left without parental care.
• Support obligations of family members.
• Possibility of applying the legislation of the RussianFederations to family relations, in which citizens of foreign states act as participants. This also applies to stateless persons.

The direct and official sources of family law, on the basis of which even judicial regulation of family relations is carried out, include other federal laws. These could be:

• Orders and decrees of the President.
• Federal laws and regulations.
• Government decrees in the field of family and any other legal acts regulating family relations.

There is an equivalent in cases where relations within a family between its members cannot be regulated based on direct, direct sources in the form of acts of the family legislative framework. In such situations, substitutive family civil law for some issues comes to the rescue.

Earlier, we have already observed in one of the examples the reflection in the Family Code of provisions taken from the Civil Code. This property of the legal sphere is called the analogy of law and is used not only in resolving any minor disputes, but also in making real court decisions on an equivalent basis. In addition to searching for a legal analogy, it is possible to resolve a dispute that has arisen within the family by a simple agreement of the parties. By the way, for general erudition, we note that the only branch of Russian legislation that does not lend itself to the principle of analogy of law is criminal law.

International law

International legal relations, for obvious reasons, do not requireadditional explanation, occupy a special place among the sources of family law. Everyone should remember that they are included in the Russian legal system, and the norms of international law in relation to the Constitution are applied in case of inconsistencies with domestic Russian legislation (the priority of international law). Among the acts of family legal regulation in Russia, there are such international laws as the Convention on the Rights of the Child and the Convention of the CIS countries on a number of issues of legal assistance, including family matters.

Characteristics of family law sources

Characteristics of sources of law within which they traditionally function:

• in space;
• in time;
• regarding civilians.

Let's go through all the characteristics in order.

• Regulatory legal acts of the Russian Federation apply to the entire territory of the state. It is this rule that determines the spatial effect of family law in Russia.
• The Family Code has been officially put into effect and has actually been functioning since March 1996. Of course, in the course of the formation of legislation, various changes were made to it. We have already said enough about the time periods determined by Russian legislation - this paragraph also applies to the time characteristics of the sources of family law in Russia.
• With the definition of relativity in human terms, everything is extremely simple: family law must be respected by all citizens of our country, as well as foreigners andeven stateless people. This paragraph speaks of the observance in practice of the principle of equality of all before Russian law.

Again, we note the fact (repetition, as you know, is the mother of doctrine) that in cases where an international treaty of Russia establishes rules that differ from those provided for by Russian legislation, then only the norms of international law should be applied (no derogations and exceptions are simply not possible). In this plane, one should think not about such a small moment on a planetary scale as resolving a conflict within one of the Russian families, but rather about observing International Humanitarian Law and maintaining the principles of effective and open interstate cooperation.