Public relations regulated by family right. What relationship is governed by family law

D) issues for the final control of the training course

"Family and hereditary right":

1. The history of family and marriage.

Marriage is a voluntary and equal Union of men and women registered in the registry offices for the creation of a family and generating mutual personal and property rights and obligations of spouses.

Family is a small social group based on marriage, blood relations or adoption and bound by the generality of life, mutual assistance relations and mutual responsibility.

Marriage and family as social institutions of the Society originated a long time ago and passed several stages in their development. In the breeding period, when society was divided into cells on a generic basis, there was a so-called period of the Promiscite, i.e. indiscriminate sex ties. Children were born, who subsequently brought up with all the generic association. The calculus of the kind was only on the mother line, since the father was unambiguously installed it was impossible. This calculus of the genus got the name of the matriarchy. How long did this stage of the family lasted - now it is even difficult to define. Maybe several centuries, and maybe the millennium ...

Society developed - Moral developed; People began to come to the idea that the marriage relationships of parents and children are immoral. As a result, humanity came to a new form of marriage relations: a group marriage. According to the study of scientists (historians, philosophers, etc.), survived two forms: the bloodworm family and the Punalua family. In the bloodworgbing family, marriage circles were built in generations, i.e. Generations of parents and children consisted of each in their wicked community. In other words, as correctly indicated F. Engels, the sister was his wife and it was moral. But gradually blood relatives began to be excluded from the circle of marriage partners, i.e. Native brothers and sisters; Punaly families appeared. In them, a group of sisters of one kind was the collective wives of the group of the brothers of another kind. Apparently, such a type of marriage arose to avoid the bloodstream (incest).

Production tools, the first division of labor on agriculture and cattle breeding, and then the subsequent progressive changes in society allowed producing excess products that remained after consumption. This made it possible to develop the next stage of marriage - a pair of marriage. Its foundation was one man and one woman; But without having a sustainable economic well-being, they could not stand out in an independent property cell and were often forced to live and, accordingly, to receive livelihoods in their generic association. Only a part of the people in paired marriages could be separated into independent families (as a rule, elders, priests and other persons with certain social status). At the stage of pair marriage, Patriarchate was born, i.e. The number of the genus began to exercise through the father's line. But then, not in all cases it was possible to identify the biological father of the child with reliability, since pair marriages were fragile, easily dissolved.

With the further development of economic relations, the emergence of positive law, the need for the legalization of marriage unions appears. And, as a result, there is a consecrated religion or a monogamous marriage legalized in a secular order. This is a steady Union of Men and Women, who, in contrast to pairing, have not only a marriage, but also a property community. The monogamous marriage as the most preferable from legal and moral positions is the only recognized in our country.

In parallel with the names of marriage, there are other. This, in particular, polygamine and same-sex marriages. Polygamic marriage - an alliance with the multiple of its participants (3 or more persons). If this is a marriage of one man with two or more women, then it is called polygrine; When the opposite is one woman and a few men, Polyandria. Polhyginic marriages are most often consisting of Muslim countries, polyandyric practically do not meet (perhaps besides island African states). Same-sex marriages (the marriage union of two men or two women) in the world are rarely found, but more and more states are inclined to prison (a number of them have already done it).

Public relations regulated by family right.

Family law- One of the branches of Russian law. Family law is a system of legal norms regulating family relations, i.e., personal and related property relations arising between citizens from marriage, kinship, adoptions, adopting children in the family to upbringing.

Family law regulates a certain type of social relations - family relations that arise from the fact of marriage and affiliates to the family. Most of these relationships are non-property, but often they intertwined with property relations. Love, marriage, mutual respect, personal freedom, family education, affection, trust in each other, responsibility and the likelihoods are the categories of non-property relations. However, the entry into marriage generates property relations - the common property, the duty of mutual material support, the content of children appears. Personal non-property relations in the family are the main. In family relations, the essential interests of a person find their implementation.

The family also affects the life of society, as it plays a decisive role in the continuation of the human race, in the raising of children, in the formation of a person. Therefore, family relationships are important not only for every person, but also for society as a whole. They are regulated not only by the norms of morality, customs and religious canons, but also the norms of law that form an independent scope of legislation - family legislation.

According to Art. 2 Family Code of the Russian Federation Family legislation establishes the conditions and procedure for marriage, termination of marriage and recognizing it invalid, regulates personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted), and in cases and limits provided for by family Legislation, between other relatives and other persons, and also determines the forms and order of the device in the family of children left without parental care. Legal regulation of family relations is aimed primarily on the protection of the rights and interests of family members, on the formation of relations between them, built on the feelings of mutual love and respect, mutual assistance and responsibility of each other, to establish the necessary conditions for the education of children, ensuring unhindered implementation by members Family of their rights, the possibility of judicial protection of these rights. To certain participants of family relations, which are directly called family members (spouses, children and parents, adoptive parents and adopted), the Family Code establishes the principle of unlimited application of family legislation. Between other persons - grandmother (grandfather) and grandchildren, sisters and brothers, stepfather (stepmother) and steps (stepdaughter), as well as between guardians, trustees, adoptive parents, actual educators, on the one hand, and wards - Relations are governed by family legislation in cases and limits established in it.

3. Tasks and principles of family law.

The task of family law is the protection of family, motherhood, paternity and childhood. It is aimed at strengthening the family, building family relations on the feelings of mutual love and respect, mutual assistance and responsibility to its members, the inadmissibility of the intervention of anyone in the affairs of the family, ensuring the unhindered exercise by family members of their rights, the possibility of judicial protection of these rights.
Regulation of family relations is based on the following principles:

1 .The state recognition is only a marriage concluded in the authorities of the acts of civil status acts;

2. Principle of equality of citizens (Art. 19 of the Constitution of the Russian Federation)

In Art 1 - equality of the rights of spouses in the family.

The general principle of citizens equality in family law applies to spouses, parents, children (after the adoption of the UN Convention "On the Rights of the Child"), grandparents.

3. The principle of equality of men and women

Spouses equal rights (Article.31 SC) - to choose a marriage, place of residence, occupation, profession.

However, there is still a matriarchal view of the family (Soviet legislation, as well as modern, gave mother a number of advantages - leave to care for the child, payments, etc.)

In art. 17 The principle of equality is violated - the husband does not have the right without the consent of his wife to initiate a matter of termination of marriage during the pregnancy of his wife and during the year after the birth of a child, even if he is not a father of a child.

In addition, judicial practice is on the path that usually leaves a child with a mother after divorce, which is also a violation of this principle.

4. The principle of freedom and voluntary of the marriage union

This principle is often violated in practice (coercion, deception, etc.). Voluntary must be established because the Family Code requires the personal presence of persons when registering a marriage. The registry office is obliged to directly ask about the voluntariness of marriage.

5. The principle of unitable(Art. 14 SK)

Classic principle. According to Article 14, the SC obstacle to the conclusion of a new marriage is the presence of an unlocked previous marriage. However, if the marriage is still enclosed in the presence of a non-branded marriage, the marriage is actually invalid, and legally only after recognizing it as such.

6. Principle of Freedom Divorce (under the control of the state)

It is believed that freedom of divorce is incorrect attitude towards marriage and family. In many states there is a complex divorce procedure. In Ireland, Andorra and other divorce is generally prohibited.

7. Principle of the priority of family education of children(p.3 st.1 SK)

Education of children in the family is cheaper and better for the state. Education in the selection family is cheaper than the maintenance of the child in the shelter.

8. Principle priority protection of the rights and interests of minors and disabled family members (paragraph 3 of Art.1)

Parents have rights and obligations, and a minor child has only rights.

A disabled spouse is the right to receive alimony from able-bodied.

The state supports the least protected entities.

All this is a retreat from the principle of equality.

9 .Resolution of intramearial issues by mutual agreement;

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

Introduction

Family legislation at the present stage of the Company's development regulates a large range of personal non-property and property relations between family members, as well as between family members and other persons. Property attitudes in the family, what would not be their role in marital life, from a legal point of view deserve the most close attention. As M.V. notes Antorthskaya: "The property relations of spouses can be legal regulation much better than personal non-property"; Such relations "make up most of the relations of spouses regulated by the right."

The object of test work is the legal relationship, developing between spouses during the period of marriage and after its termination.

The subject of research is legal norms regulating marriage-family relations.

The purpose of the test work is the study and study of legal norms regulating the features of marriage-family relations.

To achieve this purpose, the following main tasks are required:

1) determine the concept and essence of marriage family relations,

2) to explore the foundations of the emergence and termination of marriage relations,

3) to explore property and personal non-property rights of spouses

The research methods of the subject is mainly theoretical analysis of the literature, comparatively comparable analysis.

The work used the scientific works of domestic and foreign scientists, regulatory documents.

This test is devoted to one of the topical problems in the field of law - marriage-family relations.

The target and tasks have determined the structure of the work. The work consists of an introduction, three chapters, conclusions, a list of literature.

GENERAL CHARACTERISTICSMarriage

Spouses are faces in marriage registered in the registry offices, husband and wife. Spouses have equal rights of ownership, use and disposal by property, htized during marriage, regardless of the degree of personal, labor or material participation in its acquisition.

In the ordinary consciousness, the concept of "marriage" and "family" can be identified, but they are considered to distinguish them in science. Marriage is a public institution governing relations between the sexes. A man and woman perform in it and as a person, and as citizens of the state. The social character of marriage manifests itself, first of all, in the public form of his conclusion, in the society controlled by the society, the choice of marriage partners, in the inheritance of family property.

The marriage is generally historically diverse social regulation mechanisms (taboa, custom, tradition, religion, right, morality) of sexual relations between a man and a woman who is aimed at maintaining continuity of life. Social purpose of marriage - reproduction. Currently, in most cases, the marriage acts as a voluntary Union of Men and Women, based on mutual inclination and personal arrangement, decorated in the manner prescribed by law aimed at creating and maintaining a family.

The concept of "family" is intended for the characteristics of a complex system of relations between spouses, their children, other relatives.

There are a lot of definitions of the concept of "family". According to the traditional definition of this concept, the family is the most important form of organizing personal life, the type of social community, a small group based on the marital union, related links or adoption, that is, on multilateral relations between husband and wife, parents and children, brothers, sisters, Other relatives living together and leading the overall farming.

The exact content of the concept of "family" depends on a certain historical and cultural context. Initially, the family it was implied all the household operating as a whole, including people living under the other roof or obeying the authorities of one person. In addition to the family itself, there were numerous relatives, servants, slaves and even pets. Thus, the family understood the association of people in order to effectively social regulation or management. At the very very basis, the family is a community involving the protection and satisfaction of the elementary needs of its members.

The uniqueness of marriage and family lies in their emotional and blood-related potential. Understandable as the most important and close of all possible relationships, marital bonds define the entire way of existence, which distinguishes certain art to be together.

Family legal relations in their exact meaning are the relationship between family members in sociological understanding, as well as between relatives of the first and second degree of kinship.

Family legal relations are divided into personal (non-property) and property.

To personal (non-property) legal relations include legal relations regarding marriage and termination of marriage, legal relations between spouses in addressing the life of the family, choosing them in the marriage of marriage and its termination, the legal relationship between parents and children on the education and education of the latter and others.

Property legal relations are legal relations between family members in mutual material content (the so-called aliminal obligations), as well as the legal relationship between spouses about their property, is in marriage (common property of spouses).

For the family-legal method of regulating relations, the establishment of family relations based on personally confidential nature. With its absence, regulation of both personal and property family relations becomes ineffective.

Conclusion and rapOrgenation marriage

The law establishes the conditions for the conclusion of marriage and obstacles to its conclusion. Compliance with the conclusion of marriage is necessary so that marriage has acquired legal force. The condition for registration of marriage is the mutual agreement of the marriage of marriage and achieve their marriage age. The mutual agreement of those who are married is predetermined by the very essence of the marriage, which is the voluntary and free union of men and women.

According to Art. 13 SK marriage age is timed to the onset of majority -18 years. By this time, people achieve physical, intellectual and mental maturity.

The law determines the minimum marriage age, but does not establish the marginal age. The marriage age can be reduced, but not more than two years and only in exceptional cases: the pregnancy of a minor, the birth of his child, calling for military service and others. The order and conditions, in the presence of which marriage in the form of an exception, taking into account the special circumstances, can be resolved until the age of sixteen can be established by the laws of the constituent entities of the Russian Federation.

Marriage is not allowed between relatives in direct ascending and downlink, between full (having common father and mother) and not full (having only one common parent) by brothers and sisters, as well as between adoptive parents and adopted. This prohibition is based on the fact that narrow marriages lead to a high percentage of hereditary diseases.

Marriages are not prohibited between the consolidated brothers and sisters (children of each of the spouses from previous marriages), as well as between the nucleons (in the property, every spouse with relatives of another spouse, as well as relatives of spouses among themselves).

It is not allowed to conclude a marriage between persons, from which at least one is recognized as incapacitated due to mental illness or dementia, because The incapacitated person can not be aware of the actions performed and lead them.

The Family Code provides for the possibility of a medical examination of people entering into marriage. In this case, the examination of persons is carried out only with the consent of these individuals and free. In the event that one of those who entered into marriage hidden from another person a venereal disease or HIV infection, the latter in the right to apply to the court with the requirement of recognition of marriage invalid (Article 15 of the SCRF).

The marriage conclusion occurs after the expiry of a month after submitting people who wish to marry, a statement to the state register of the registry office. In the presence of good reasons for the civil status record authority at the place of state registration of marriage, it may allow marriage to the expiration of the month, and can also increase this period, but not more than a month.

The state registration of marriage's conclusion is made in the manner prescribed for state registration of acts of civil status.

Spouses have the right to choose the name when concluding marriage. The surname performs an important social function of individualization of the individual in society. Spouses can choose at their discretion of one of them or save their daugh phony. In life, spouses, as a rule, happens the common last name. The same surname is also children born from marriage.

The marriage registered with the violation of the conditions stipulated by the Family Code of the Russian Federation, as well as the marriage, concluded without intent to create a family (fictitious), who has the purpose of acquiring any property or other benefits (right to registration, property, etc.) is invalid. In citizens who were invalid marriage, no personal, non-property rights and obligations arise. The spouse loses the right to wear another spouse, the property acquired in such a marriage, the general joint ownership regime does not apply.

Recognition of marriage invalid does not affect the rights of children born in such a marriage or for three hundred days from the date of marriage recognition invalid. When making a decision on recognition of marriage, the court has the right to recognize the spouse, whose rights are violated by the conclusion of such a marriage (a conscientious spouse), the right to receive from another spouse of the content.

The conscientious spouse is entitled to demand compensation for the material and moral damage caused by the rules provided for by civil law. The conscientious spouse is entitled when recognizing marriage invalid to preserve the surname chosen by him under state registration of marriage.

During the lifetime of spouses, marriage is terminated by divorce. Unfortunately, the number of divorces in our country is still great.

Divorce is a legal act terminating the legal relationship between spouses for the future. The divorce is subject to state control and can be carried out only by government agencies: the registry office and the court, other bodies are incompetent in the consideration of the divorce case. A particular procedure for termination of marriage is provided in law, depending on certain circumstances and cannot be predetermined by the desire of the parties. With a statement about the dissolution of a marriage, both one of the spouses and both spouses may turn.

In the registry offices, marriages are terminated between spouses, expressing consent to divorce and not having minors. And we are talking about general minor children. The presence of a child from one of the spouses by the parent, or the adopter of which is not another spouse, does not serve an obstacle to the consideration of the case in the registry office. As a result of the dissolution of the marriage, personal and property legal relations arising in between spouses in marriage are terminated. Marriage is considered terminated since its registration of its termination in the registry office.

In court, marriage is terminated at the request of both or one of the spouses. The marriage is terminated if the court will be established that the further joint life of spouses and the preservation of the family has become impossible. When considering the case on the termination of marriage in the absence of the consent of one of the spouses on the dissolution of marriage, the court has the right to take measures to reconcile spouses and have the right to postpone the proceedings of the case, appointing spouses for reconciliation within three months. The dissolution of the marriage is produced if the measures for reconciling the spouses were unsuccessful and spouses (one of them) insist on the dissolution of marriage.

It should be borne in mind that the husband is not entitled without the consent of his wife to go to court with a claim for divorce if the wife is pregnant, as well as for one year after the birth of a child. This rule applies and then when the child was born dead, or did not live up to one year. The wife has the right to put a question about divorce in court anyway.

In court marriage are terminated:

a) between spouses having minor children;

b) between spouses, one of which disagree on the termination of marriage, because in this case the dispute arises, the permission of which is the competence of the court;

c) between spouses, although expressing consent to divorce, but arguing about the division of property, which is their overall sharing, about the payment of alimony to the in need of a disabled spouse;

d) between spouses, if one of the spouses, despite the absence of him, evades the termination of marriage in the registry offices (refuses to apply, or, submitting it, does not want to appear to register a divorce).

The statement on the dissolution of marriage is submitted to the district (urban) People's Court at the place of residence of the spouses, if they live together, or the spouse of the defendant when they separately live (Art. 117 of the Code of Civil Procedure). A declaration of divorce with persons convicted of imprisonment for a period of less than five years is submitted to the People's Court for the last place of residence of this person before its condemnation. If the spouses have minor children, or by the state of the applicant's spouse, it is difficult to learn to the place of residence, Dr. Spouse, then a divorce statement may be filed by the applicant's national court.

A statement on the termination of marriage with persons conditionally convicted of imprisonment with compulsory attracting to work or conditionally released from places of imprisonment with mandatory involvement of work is submitted to the People's Court at their place of residence during work. If the applicant has minor children or leaving the place of residence of another spouse is difficult for health, the application is submitted to the People's Court at the applicant's place. There are cases when the spouse who wants to terminate marriage does not know where another spouse lives, and naturally cannot receive his consent to divorce. In this case, the application for the divorce is submitted to the People's Court for the last well-known place of residence of another spouse or at the location of his property.

However, in this case, another way is possible - the spouse is entitled to contact the People's Court at his place of residence with a statement about the recognition of the second spouse missingly absent. This is possible if within a year there is no information about its place of stay. After making the court to such a solution, the divorce with the person recognized as missing, is made in a simplified procedure by the registry office.

The divorce cases are considered, as a general rule, in open court, but at the request of spouses, when the intimate parties of their lives affect, can be considered in a closed meeting. Simultaneously with the dissolution of marriage, the court may resolve disputes between spouses:

a) when they will live children after divorce;

b) on the recovery of funds for the maintenance of children;

c) on the recovery of funds for the maintenance of a disabled spouse;

d) on the division of property that is common joint property.

The court considering the broken-separated business may:

a) make a decision on the dissolution of marriage;

b) refuse a lawsuit;

c) postpone the proceedings of the case and appoint spouses to reconcile the term within the limits provided for by law, if failed to achieve reconciliation of spouses at the court session. This period is set within 6 months.

If the spouses still decided to divorce, and the court ruled on the dissolution of marriage, then (former) spouses can at any time contact the registry office to obtain a divorce certificate. Marriage termination registration is made regardless of the time expired after making a decision on the dissolution of marriage.

Directly in the registry offices (records of civil status acts), the marriage is terminated if the spouses have no children younger than 18 years old and they both agree on a divorce. And we are talking about general minor children. The presence of a child from one of the spouses by the parent, or the adopter of which is not another spouse, does not serve an obstacle to the consideration of the case in the registry office.

The registry office, adopted a divorce application, can register it only after 3 months from the date of receipt of the application in the presence of both spouses. This period in no way can be reduced. However, if both spouses should be present at the registry office to the registry office, the registration of marriage can be made in the absence of one of the spouses in the presence of a properly certified statement confirming the consent to the dissolution of marriage.

In the registry office in a simplified manner, marriage with a spouse, which is recognized by the law invalidation due to mental illness or dementia, is missing or convicted of imprisonment for a period of at least 5 years.

In this case, divorce is registered in the registry offices at the place of residence of the applicant's spouse, which should submit a marriage certificate, a copy of the court decision that has entered into legal force on the recognition of the second spouse is incapable or missingly missing or a copy of the court sentence for imprisonment (condemnation ) The second spouse for a period of at least 5 years.

In Russia, a marriage-family relationship with the participation of foreign citizens is becoming increasingly distributed, which is a direct consequence of the democratization of our society. Naturally, many questions arise in these circumstances on the application of legislation when regulating such relations.

According to Article 156 and 160 of the SC, the form and procedure for the conclusion of marriage in the territory of the Russian Federation, the dissolution of marriage between citizens of the Russian Federation and foreign citizens or stateless persons, as well as marriage between foreign citizens in the territory of the Russian Federation, is made in accordance with Russian legislation.

However, the conditions for the conclusion of marriage (marriage age, etc.) are determined for each of those who enter into marriage, the legislation of the state, the citizen of which the person is at the time of marriage (paragraph 2 of Article 156); The exceptions are persons who have foreign citizenship along with the citizenship of the Russian Federation (in relation to them, the legislation of the Russian Federation is applied), as well as the persons of citizenship of several foreign countries, which choose the legislation of one of the relevant states.

At the same time, at all, without exception, foreign citizens, as well as on citizens of Russia, are subject to restrictions on the circumstances that impede the conclusion of marriage, which are formulated in Article 14 of the RF IC.

Marriages between foreign citizens concluded in Russia in the embassies or consulates of foreign states are recognized on the terms of reciprocity valid in Russia, if these persons at the time of marriage were citizens of the state appointed ambassador or consul.

As for the termination of marriage with the participation of foreign citizens in Russia, then, as already noted above, in this case the procedure is made in accordance with the legislation of the Russian Federation (Article 180 SC).

A citizen of the Russian Federation, which lives outside the territory of the Russian Federation has the right to terminate the marriage with the spouse residing outside the territory of the Russian Federation, regardless of his citizenship in the court of the Russian Federation. In the event that, in accordance with the legislation of the Russian Federation, a marriage is allowed in the authorities to record acts of civil status, marriage can be terminated in diplomatic missions or in consular agencies of the Russian Federation.

Marriage between citizens of the Russian Federation or the dissolution of marriage between citizens of the Russian Federation and foreign citizens or stateless persons committed outside the territory of the Russian Federation in compliance with the legislation of the relevant foreign state on the competence of bodies that made decisions on the termination of marriage, and to be applied by termination of the marriage of legislation, is recognized as valid in the Russian Federation.

IMUPublic and personal non-propertyThe rights of spouses

Spouses under the conditions of a market economy are subject to all its main requirements and responsibilities. The property of the spouses is the main source of compensation to the obligations violated by them. Spouses are responsible for their personal obligations as the property of each of them and common property.

Property, acquired during marriage, is a joint property of spouses. This is a general rule that, at the same time, can be changed by mutual agreement of the parties by concluding a separate agreement, changing the legal legal regime of property at the contractual, in this case it is in mind, of course, the conclusion of a marriage contract, the content of which may include the establishment of relations between spouses joint, share or separate ownership of all the property, on its separate species or on the property of each of the spouses, and this concerns not only the property available, but also the property that may appear in the future.

The conclusion of the marriage contract is allowed both before state registration of marriage (however, its entry into force is commended by this moment), and at any time during the marriage. It is essential to compliance with the form of the contract - written and with a notarized certificate - otherwise it will not be reversed with all the consequences arising from here.

But there is also property that will be considered the personal property of each spouse. First, the property belonging to the person before marriage or received during the marriage, but as a gift or inherited; secondly, things of individual use (clothing, shoes, and the like, except for jewels and other luxury items), even if they were acquired during the period of marriage at the expense of the total means of spouses; Thirdly, when the property of each spouse can be recognized by their joint property, but again, if the marriage contract is not established otherwise.

A prerequisite in this case is the establishment of the fact that during the marriage due to the common property of spouses or personal property of one of them, investments were made, significantly increasing the cost of the specified property (overhaul, reconstruction, re-equipment). Under the division of property, as well as debts in front of third parties, their shares are recognized as equal, taking into account the interests of juvenile children.

Obligations of spouses in front of third parties may arise from contracts (civil and legal and labor), as a result of harm, due to unjust enrichment or committing a crime on other grounds, as well as for the illegal actions of their minor children, harmful to third parties.

The legislation of the Russian Federation has established an open list of transactions to which the presumption that the spouse carrying out disposal of common property is considered applicable with the consent of another spouse.

In order to protect the rights and interests of persons in marriage and not having a marriage contract, it is necessary to limit this list with an indication only on the possibility of alienation on compensated transactions.

The personal obligations of spouses include those that arose independently for each of them:

a) before the state registration of marriage;

b) after marriage, but in order to satisfy the purely personal needs of the spouse;

c) as a result of debts, burdensome property that has passed the inheritance during a marriage to one of the spouses (the duty of the testator), or another separate property of one of the spouses;

d) due to harm to his spouse to other persons;

e) due to the non-fulfillment of the spouse of alimony obligations against children (from another marriage) or family members;

e) from other grounds that generate obligations, closely related to the personality of the debtor.

The general commitments of spouses are those obligations that arose at the initiative of both spouses in the interests of the whole family (from the loan agreement, a loan agreement, the money for the purchase of an apartment, a land plot for a family, a sale and sale agreement, lease).

In such commitments, debtors are both spouses. The obligation aimed at meeting the needs of the family may arise from the legal relationship in which only one spouse is in the debtor (for example, only one spouse is in the borrowing agreement), but everything obtained by him for the obligation is spent on the needs of the family.

The total debt (obligations) of the spouses may be a consequence of the joint causing harm to other persons (art. 1080 of the Civil Code), for which the spouses respond to the victims solidarly. General also includes the obligations of spouses for compensation for harm caused by their minor children (paragraph 3 of Art. 45 SK).

In addition to those named, the reasons for the emergence of general obligations include the joint causation of harm to other persons, unjust acquisition or saving both spouses of property at the expense of another person and other obligations that are common to the law.

From the moment when the faces that concluded a marriage (legally executed free and voluntary Union of Men and Women, aimed at creating a family and generating mutual rights and obligations), become spouses, personal non-property rights arise between them. Under personal rights and obligations are those who affect the personal interests of spouses, do not have economic content and do not bear a material nature, however, at the same time, they are determining, due to the essence of marriage as a voluntary Union of men and women in order to create a family on the basis of equality spouses. In the RF IC RF, the legal regulation of personal non-property rights of spouses is minimized, but said regulation needs more detailed and expanded regulation. Legal regulation of personal non-property rights is aimed at ensuring the equality of spouses in the family, the creation of normal conditions for the development of each of them and the strengthening of the family as a whole.

Personal non-property rights and obligations of spouses are a direct consequence of marriage and determine the basis of the relationship between spouses in the family. Personal non-property spouse rights include the rights affecting their personal interests. Personal non-property rights of spouses are based on the fact that they are free from all calculation, their foundation is the desired and approved by the state actions and actions relating to the personal life of her husband and wife, they are closely related to the rights provided for by Art. 23 of the Constitution of the Russian Federation: to the inviolability of privacy, personal and family secrets, the protection of their honor and good name. Personal rights and obligations of spouses regulated by family law are also based on the general-environmental rights of the person who are constituting the state-legal status of the individual in the Russian Federation.

The Family Code of the Russian Federation allocates the following types of personal rights of spouses:

The right to the free choice of classes, profession, place of stay and residence;

The right to the joint decision of family life issues;

The right to choose spouses of the name.

Conclusion

marriage Divorce Property Law

Thus, a modern family is a product of social evolution. The epoch replaced the epoch, the culture changed, the worldview and value guidelines changed. Together with them the relationship between husband and wife, the position of the woman, the attitude of the parents to children, and children to their parents.

The family hierarchy from strictly vertical gradually accepted a horizontal position. But, despite all the changes that touched the family over the past decades, this social institute has not changed significantly and continues to be one of the most important institutions of society.

It should also be noted that the family legislation is absolutely not settled by the legal relations of spouses arising between them (one of them) and a third party, as a result of a transaction about the common property, where one of the spouses participated and acquired the right to demand for a third party, namely the open The question of the legal situation not participating in such a transaction of the spouse and the legal basis for presenting any requirements on his part to a third party.

Bibliographic list

1. The Constitution of the Russian Federation: [adopted by a nationwide vote on December 12, 1993] // Russian newspaper. - 1993. - December 25. - № 237.

2. Civil Code of the Russian Federation (part of the first, second, third): [Federal Law of November 30, 1994 No. 51- FZ, Federal Law of January 26, 1996 No. 14 - FZ, Federal Law of January 26, 2001 № 146 - FZ (with the latter: and add.)]. // Meeting of legislation. - 1994. - № 32.

3. Family Code of the Russian Federation: [Federal Law of December 29, 1995 No. 223 - FZ (with the latest changes. And add.)]. // Meeting of the legislation of the Russian Federation - 1996. - January 1 - No. 1. - Art. sixteen.

4. On the acts of civil status: [Federal Law of November 15, 1997 No. 143 - FZ (with the latest changes. And extra.)] // Meeting of the legislation of the Russian Federation - 1997. - November 24 - No. 47. - Art. 5340.

5. On the bailiffs: [Federal Law of July 21, 1997 No. 118 - FZ (with the latest changes. And extra.)] // Meeting of the legislation of the Russian Federation - 1997. - 28 July - No. 30. - Art. 3590.

6. About the subsistence minimum in the Russian Federation: [Federal Law of October 24, 1997 134-FZ (with the latest changes. And extra.)] // Meeting of the legislation of the Russian Federation - 1997 - October 27 - №43. - Art. 4904.

7. Zvenigorodskaya N.F. Problems of the claim for invalidation of a marriage contract // Russian Justice. - 2010. - № 6. - P. 121-131.

8. Kosareva I.A. On the question of the responsibility of spouses on obligations // Family and housing law. - 2010. - № 5. - P. 21-24.

9. Kosareva I.A., Kulkov I.A. Responsibility of spouses for obligations: some issues of theory and practice // Magistan judge. - 2010. - № 1, - p. 3-6.

10. Koptsa A.N., Koptseva L.A. To the question of responsibility in family law // Family and housing law. - 2010. - № 1. - P. 9-11.

11. Nikiforova E.I. Mode of common owners of spouses. Review of judicial practice // Housing law. - 2009. - No. 1. - P. 3- 5.

12. Firyulin A.M. Property responsibility of spouses in market conditions // Family and housing law. - 2008. - № 5. - P. 15- 17.

13. Horsen T.V. Problems of responsibility in modern Russian family law // Family and housing law. - 2010. - № 1. - P. 11.

14. Alekseev S.S. Civil law in matters and answers: studies. Manual / S.S. Alekseev. 2nd ed. Pererab. and add. - M.: Prospekt, 2009. - P. 528.

15. Antokolskaya M.V. Family Law: Textbook / M.V. Anticolian. -2-e ed., Pererab. and add. - ed. - M.: Phoenix 2010. - P. 432.

16. Babkin S.A. Ownership, use and disposal of property in total joint ownership of spouses: Tutorial / S.A. Babkin. - M.: Center Yurinform, 2004. - P. 82.

17. Bonds S.N. Marriage contract: Tutorial for universities / S.N. Bonds. - M: B.I, 2000. - P. 67.

18. Vinogradova R.I. Samples of notarial documents / R.I. Vinogradov. - M.: B.I, 2005. - P. 352.

19. Grishin I.P. Family disputes: legislation comments. Lawyer and judicial practice. Samples of claims and complaints / under the general edition I.P. Grishin. - M.: Publishing House Eksmo, 2009. - P. 480.

20. http: // www.rg.ru - the official website of the legal system "Russian Newspaper".

21. http: // www.garant.ru - the official website of the legal system "Garant".

22. http: // www.consultant.ru - the official website of the legal system "Consultant Plus".

Posted on Allbest.ru.

Similar documents

Features of the rights of regulation of marriage-family relations of an international nature. Features of the recognition of marriages concluded abroad. Marriage termination procedure in international private law. Personal non-property legal relations between spouses.

coursework, added 12/16/2014


Features of legal systems and sources of the rights of the ancient countries. The overall characteristics of the laws of Manu. Features of legal regulation of marriage-family relations. Features of the relationship of her husband, wives and their children. Types of marriage, divorce, punishment.

course work, added 01/06/2014


Monuments of the marriage-family legislation of Russia and historically the first forms of legal regulation of marriage-family relations. The role of ordinary, church, secular right in the design of the norms of family law. Personal, property relations of spouses.

course work, added 04/11/2012


The concept of a family under the legislation of the Russian Federation as the Institute of Social State. Constitutional rights, duties, guarantees in this area. Legal features of the actual marriage relationship between a man and a woman, protecting children.

course work, added 05/27/2015


General characteristics and sources of legal regulation of marriage-family relations in international private law, the concept of marriage family relations. The procedure for the conclusion and termination of marriage, the legal status of children. General provisions on Muslim marriage.

thesis, added 12.07.2010


List of cases arising from marriage family relationships. Double interest in the resolution of the case as a feature of consideration of cases arising from marriage family relations. The procedure for initiating the case, preparation for the proceedings and the adoption of a court decision.

coursework, added 02.10.2012


Features of the legal regulation of marriage-family relations of an international nature. Recognition of marriages prisoners abroad. Legal relationships between spouses. Marriage dissolution in international private law. Legal relationship between parents and children.

examination, added 04.02.2010


Study of the Institute of Family Family Relations in Roman Law. Characteristics of the marriage and consequences of its termination: the engagement (preliminary conspiracy), the engagement, the wedding rite, on which the contract was concluded between the bride and groom.

creative work, added 05/06/2010


Form of marriage, marriage conditions, revealing grounds. Personal relationships of spouses and restrictions on the legal capacity of a married woman. Prerogatives of her husband, property relations of spouses. Parental power, the situation of extramarital children.

test work, added 25.11.2006


Studying the legal foundations of marriage. Study of the nature of legal relations between spouses. Consideration of the peculiarities of legal regulation of marriage-family relations of an international nature. The basic rules of guardianship and guardianship over children.

Topic 8. Fundamentals of family law

The subject and method of family law. Family law as a branch of law regulates a certain type of social relations.

• In accordance with Art. 2 SC RF the subject of regulation Family legislation are:
  • terms and procedures for marriage;
  • termination of marriage and recognition of it invalid;
  • personal non-property relations between family members: spouses, parents and children (adoptive parents and adopted), and in cases and within the limits provided for by family legislation - between other relatives and other persons; As well as the form and order of the device in the family of children left without parental care.

Family legislation regulates both property and personal non-property relationships. Property relations - These are an alimony obligations of family members (parents and children, spouses, former spouses, other family members), as well as relations between spouses about their common and separate property.
Personal non-property relationship There are relations concerning the marriage and termination of marriage, relations between spouses in solving issues of family life, choosing the surname at the conclusion and dissolution of marriage, relationship between parents and children on the education and education of children, etc.
In the family right, personal relationships are the main. They largely determine the content of the rules governing property relations, as property relations are always associated with them and flow out of them.

• In the literature, the following specific features of relations regulated by family legislation are distinguished:
  • subjects of family relations can only be citizens;
  • family relations (both personal and property) arise from peculiar legal facts: kinship, motherhood, paternity, adoption, adoption of a child for education in the foster family;
  • family relations are usually fastened and associated between non-foreign people, and close relatives: spouses, parents, children, etc.;
  • family relations are characterized by strict individualization of their participants, their indispensability in these relationships by other persons, including other members of the family, and, as a result, the inalienability of family rights and responsibilities. Family rights and responsibilities are non-current, neither in the order of universal succession, or by agreement of the parties;
  • according to its content, family relations are predominantly personal and only then property 1. Family relations are inherent in a special personally confidential nature, since the main place in them is the personal relationships of family members.

It should be noted that a significant group of personal family relations (love, respect, friendship) is not resolved by the norms of law. Moreover, not all property relations in the family can be regulated by the right, which is explained by the specifics of the functions inherent in the family.

• The main functions of the family include the following:
  • reproductive (continued kind);
  • educational;
  • economic and economic;
  • rereactive (mutual moral and material support);
  • communicative.

Thus, the family is a complex complex of natural-biological, material and spiritual and psychological connections, many of which do not accept legal regulations at all and are simply morally regulated by the Company. The right is the regulator only the most important moments of family relationships.
Method of family law - This is a combination of techniques and methods, with which the norms of family law affect public family relations. Family law method is characterized as a stay-imperative 2. The resolution of family-legal regulation is that the family law gives participants in these relations the opportunity to act in a certain way, satisfying their needs and interests in the field of family relations (for example, the possibility of concluding a marriage agreement, agreements on payment of alimony, etc.).
However, along with the dispositive norms in family legislation, imperative norms are also present (for example, norms that determine the conditions for marriage, obstacles to the conclusion of marriage, deprivation of parental rights, adoption, etc.). The essence of family law is manifested not only through the specifics of its subject and method, but also the main principles (principles) of family law, which reflect the most characteristic features of this industry. Under principles of family law Understand the fundamental principles enshrined family legislation, guidelines that determine the essence of the industry of law and have a community importance. They are fixed in paragraph 1 of Art. 1 of the RF IC.

• These include:
  1. recognition of marriage concluded only in the registry offices. In accordance with paragraph 2 of Art. 1 SC of the Russian Federation is recognized only to a marriage concluded in civil status acts. Marriage concluded on religious rites, actual marriage relations do not entail the emergence of mutual rights and obligations of spouses;
  2. the voluntaryness of the marriage union means the right of every marriage to independently define their elect, unacceptably the impact of anyone on their will in dealing with the issue of marriage. The mutual voluntary consent of the man and women entering into marriage is a prerequisite for marriage. This principle assumes both freedom to dissolve both at the request of both spouses and according to one of them;
  3. unitouch (monogamy). The SC of the Russian Federation does not allow marriage between persons, from which at least one person is already in another registered marriage;
  4. equality of spouses in the family. This principle follows from the provisions of the Constitution on the equality of the rights and freedoms of a man and a woman, about the freedom of choosing the place of stay and place of residence, the kind of classes, on the equality of the rights and obligations of parents in relation to their minor children;
  5. resolution of intra-family issues by mutual agreement. This principle is expressed in the provision of family members able to freely identify their relationships within the family. It is specified in paragraph 2 of Art. 31 of the RF IC, in accordance with which issues of motherhood, paternity, education, children's education and other families of families are solved by spouses together, based on the principle of equality of spouses;
  6. the priority of family education of children, care for their welfare and development, ensuring the priority protection of their rights and interests. Family legislation standards establish that children are independent carriers of family rights. A number of minors are enshrined in the SC of the RF (property and personal non-property rights - Chapter 11 of the RF IC). Article 54 of the SC of the Russian Federation emphasizes the right of a minor child to live and brought up in a family, since it is precisely family education that makes it possible to carry out an individual approach to each child, taking into account the peculiarities of his personality;
  7. ensuring priority protection of the rights and interests of disabled family members. The Family Code provides priority protection for disabled family members (minor children, disabled people, retirement persons), as they are deprived of the opportunity to provide themselves with the necessary means of existence. The law contains norms aimed at implementing this principle (the right to alimony of minor children, the obligation of adult children to contain their parents, the obligation of spouses by mutual content).

Russian legislation does not give legal definition of the family. Such a concept was developed in legal literature. A family - This is a circle of persons related rights and obligations arising from marriage, kinship, adoption and other form of adoption of children for education and designed to promote the strengthening and development of family relations 3.
The legislation does not determine the legislation and the term member of the family, widely used in the RF IC and other legal acts. From the analysis of the current legislation it follows that this term applies to family rights and responsibilities. They may have persons living with one family, members of different families, former family members, related to property and personal non-property rights, which arise from marriage, kinship, adoption and other form of children's children to upbringing. Family relations arise between family members.
Family legal relations - These are social relations settled by family law issues arising from marriage, kinship, adoption or other form of the device of children left without parental care.
Family legal relations have the specifics inherent in them.
Firstly. They arise, change or terminate on the basis of specific legal facts provided for in the law, such as: the conclusion and termination of marriage, birth, adoption, the device in the reception family and a number of others. In most cases, family legal relations arise from the aggregate of legal facts. For example, for the adoption of the child, the will of the adoption of the adopter, the consent of the parents of the child or those who replaced them, the consent of the child who has reached 10 years, the decision of the court of adoption.
Secondly. The subject of family legal relations is determined by law. These include spouses, parents or their faces replacing them (adoptive parents, guardians, trustees), children (including adopted), other relatives and persons, and in cases directly provided for by the RF IC (grandfather, grandmother, grandchildren, brothers and sisters , stepfather, stepmother, stepper, stepdaughter). The law gives the subjects of family legal relations in legal capacity and legal capacity. Family legal capacity - This is the ability of a citizen to have family rights and obligations (the right to marriage, the right to adopt a child, etc.). It arises from the moment of birth, but its content depends on age. Family capacity - This is the ability of a citizen with its actions to acquire and carry out family rights, create family responsibilities. In full, the capacity of citizens in family legal relations arises from 18 years. Persons recognized in courts are incapable, do not possess family legal capacity.
The presence of complete legal capacity is not a prerequisite for participation in family legal relations. So, a minor possesses partial legal capacity, which does not prevent the legal relations between him and its parents (legal relations on education, education and child content).
Thirdly. Family legal relations, as a rule, are laid in nature. Most family relationships are not limited to any temporary framework.
Fourth. Family legal relations are built free of charge. These include relations for gratuitous material assistance to needy family members, gratuitous provision of content with disabled family members.
The main source of regulation of family and legal relations after the Constitution of the Russian Federation is the Family Code of the Russian Federation, adopted on December 8, 1995 and entered into force from 1.03.1996. It consolidates the basic principles of building family relations, the rights and obligations of family members, guarantees to protect their rights and interests.

• Other federal laws taken in accordance with the Family Code of Family Law are included in accordance with the Family Code, for example:
  • Federal Law "On Acts of Civil Status", adopted 15.11.1997;
  • Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation", adopted on 07/24/1998;
  • Federal Law "On the basics of a system of prevention of neglect and offenses of minors", adopted on 06/24/1999

See also: Tax Code - Property Tax

In accordance with Art. 72 The Constitution of the Russian Federation, family legislation is in the joint joing of the Federation and the subjects of the Federation, which is enshrined in Art. 3 of the RF IC. From this it follows that the laws of the subjects of the Federation are among the sources of family law. The laws taken by the subjects of the Federation may regulate family relations only within the limits established by the RF IC. In particular, on the issues that the SC of the Russian Federation directly refers to the maintenance of the subjects of the Federation (for example, the organization and activities of guardianship and guardianship bodies, on the identification of other forms of the device that remained without parental care, etc.).
Sources of legal regulation of family relations are also other regulatory legal acts. These are primarily the decrees of the President of the Russian Federation, the Decree of the Government of the Russian Federation. For example, by the Decree of the Government of the Russian Federation, the procedure for the transfer of children to adoption, as well as the implementation of control over the living conditions and education of children in the families of adoptive parents.
Family Code enshrines an important position (Art. 4) on cases and limits of application to family relations of civil legislation, and in Art. 6 of the RF IC of the Russian Federation, the norms of international law that take priority to the norms of national law.
The rulings of the Plenum of the Supreme Court of the Russian Federation are of great importance for the correct application of the Norms of Family Law, which summarizes the practice of cases arising from family relations, although they are not sources of family law.

• These include the Resolution of the Plenum of the Supreme Court of the Russian Federation:
  • dated October 25, 1996 "On the application by the courts of the Family Code of the Russian Federation when considering cases of paternity and the recovery of alimony";
  • dated July 4, 1997 "On the application by the courts of legislation when considering cases of adoption";
  • of 28.05.1998 "On the application by the courts of legislation in resolving disputes related to the education of children";
  • from 5.10.1998, "On the application by the courts of legislation when considering cases of termination of marriage."

One of the branches of the Russian legal system is family law. This is a combination of legal norms aimed at regulating relations in society arising from the creation and existence of a family, termination of marriage. The main principle of legislation in this area is established in the RF IC. It is designed to strengthen the family, building relationships based on love, mutual understanding and respect, responsibility to all its members. In addition to the SC, the norms in this field are contained in other federal laws, regulatory acts of the constituent entities of the Russian Federation, as well as subtitle acts. The latter can be accepted strictly in cases provided for in the Code.

Subject and family law

Its item includes marriage and kinship, care and trustees, adoption and adoption of children, property and non-property personal relations arising between family members. Family law regulates the conclusion and termination of marriage, alimony obligations, rights and obligations of children and parents, spouses, etc.

In the family right, the imperative method is mainly used, which does not provide freedom of choice. Due to this, the principles for building relationships clearly defined in the family sphere.

When publishing laws, the state is committed to the smallest to interfere in family relations, limited by the establishment of only the most necessary community rules.

Family law is based on the following principles: the voluntariness of marriage, equality of rights and obligations, the permission of emerging intrameal disputes by mutual agreement, the unitouch, priority of the education of children in the family, care for their development.

Subjects of family law

As such, family members are: spouses, grandparents, grandfathers, sisters, brothers, parents (including reception), stepbrips, stepmothers, adoptive parents, guardians, trustees.

Family law determines that only a citizen with family legal personality (legal capacity and legal capacity) can be a subject of legal relationship. The first one arises from birth, but the amount of rights depending on age changes, especially after the achievement of the age of majority. Family legal capacity may be limited, but only in cases provided by law. A citizen can be deprived of legal capacity. For example, due to mental illness. In this case, he will not be able to marry, become a guardian, etc.

Protection of family rights

As a rule, the protection of family rights is carried out in court. In the event of any disputes about the property section, the need to recover the alimony with disability, the presence of minor children, etc. The interested party refers to the statement of claim. The decision taken by the court is necessarily for execution.

Family law is aimed at the priority protection of the interests of children. The presence is taken into account when resolving various disputes between spouses. If care and care for the child are inappropriate, his mother and father can be deprived of their parental rights.

See also: In which cases alimony is not paid

What message should be sent after the first date? If you worry after the first date and do not know what to do, this list of successful messages will help you.

7 parts of the body that should not touch your hands. Think about your body, as about the temple: You can use it, but there are some sacred places that cannot be touched by your hands. Studies show.

What is the form of the nose can say about your personality? Many experts believe that, looking at the nose, you can say a lot about the personality of man. Therefore, at the first meeting, pay attention to the nose is unfamiliar.

10 mysterious photos that shock long before the internet and masters "Photoshop" the vast majority of the photos were genuine. Sometimes it came to the pictures truly incorrect.

What is the virgin in 30 years? What is interesting, women who did not have sex practically until the middle age achieve.

Why do you need a tiny pocket on jeans? Everyone knows that there is a tiny pocket on jeans, but few people wondered why he can be needed. Interestingly, he was originally a place for XP.

What relationship regulates family law

What relationship regulates family law

Regulation of family relations is carried out in accordance with the principles of the voluntary of the marriage union of men and women, equality of the rights of spouses in the family, the permits of intra-family issues by mutual agreement, the priority of education of children, care for their welfare and development, ensuring the priority protection of the rights and interests of minors and disabled family members .

To reveal the essence of any branch of law, it is necessary to figure out the subject of legal regulation, principles, method and mechanism of impact on social relations.

Determine the object of the industry - this means to allocate the originality. The essence and characteristic features of the relations mediated by it.

The subject of the family is public, arising from marriage, blood kinship, making children for education in the family (see

What relationship regulates family law

1. The concept of family law of the Russian Federation. Public, regulated by family law

- One of the branches of the Russian. The right is a system of legal norms regulating relations, that is, personal and related property relations arising between citizens from marriage, kinship, adoptions, adoption of children in a family for education.

Family regulates a certain type of public - family relationships that arise from the fact of marriage and accessories to the family.

Lawyer Anton Alekseevich Zharov

the legislation establishes the conditions and procedure for marriage, termination of marriage and recognizing it invalid, regulates personal non-property and property among family members: spouses, parents and children (adoptive parents and adopted), and in cases and within the limits provided for by family legislation, between other relatives and other persons, as well as defines the forms and order of the device in the family of children left without parental care.

legislation, sorry for the pun, regulates not all that may arise in the family.

Family law

the right is a combination of legal norms regulating, i.e., personal and industrial property relations arising between people from marriage, blood relations, the adoption of children in the family for education.

relationships are the main resulting factor in this branch of law. They occur if there are such legal facts as:

In our state, priority in legislation is to preserve and strengthen families with the formation of respectful family relations.

What relationship regulates family law

One of the branches of the Russian legal system is family law. This is a joint legal norms aimed at regulating relations in society arising from the creation and existence of a family, termination of marriage. The main principles of legislation in this area are established in the RF IC. It is created in order to strengthen the family, building relationships on the basis of love, mutual understanding and respect, responsibility to all its members. Apart from the SC, the norms in this field are contained in other federal laws, regulatory acts of the constituent entities of the Russian Federation, also by regulatory acts. The latter can be accepted strictly in cases provided for in the Code.

Subject and home right way

Its item includes marriage and kinship, custody and trustees, adoption and adoption for raising children, property and non-property personal affairs arising between family members. Family law regulates the conclusion and termination of marriage, alimony obligations, rights and obligations of kids and parents, spouses, etc.

In the family right, the domineering method is most used, which does not provide freedom of choice. Due to this, the principles of constructing relations are correctly defined in the home sphere.

When publishing laws, the government seeks to a lesser extent to intervene in family cases, limited by the establishment of only the most necessary general obligatory rules.

Family law is based on the following principles: the voluntariness of marriage, equality of rights and obligations, the permission of emerging intra-family disputes by mutual agreement, uniqueness, the value of raising children in the family, care for their development.

Subjects of home right

As such, family members can be advocating: spouses, grandparents, sisters, brothers, ancestors (including reception), stepmsters, stepmothers, adoptive parents, guardians, trustees.

Family law determines that only a citizen who owns homework (legal capacity and legal capacity) can be a subject of legal relationship. 1st appears from birth, but the volume of rights depending on age is changing, especially after the merit of the majority. Special advantage can be limited, but only in cases provided by law. A citizen can be deprived of legal capacity. For example, in connection with psychological disease. In this case, he will not be able to enter into marriage, become a guardian, etc.

Protection of family rights

Usually, the protection of family rights is carried out in court. In the event of some disputes about the property section, the need to recover the alimony with disability, the presence of minor children, etc. The interested party refers to the statement of claim in the Tribunal. The decision taken by the Tribunal will certainly be done.

Family law is focused on the priority protection of the interests of the kids. Their presence is taken into account when resolving different disputes between their wives. If care and care for the child are inappropriate, his mother and father can be deprived of their own parental rights.

Fresher and interesting:

Navigating on records

1 Family Law Concept

Family law refers to such branches of the system of law that often subject to change, Reflecting the development of the vital interests of each person and society as a whole, since almost everyone is involved, and is very active, in the scope of influence of family legal norms. For society and the state, the family, marriage, the birth of a person, children, their relationships with parents are essential social value.

The listed values \u200b\u200bensure the reproduction of society, its quality in the biological and physical and moral aspects, therefore, the attention of public, scientific, state structures is constantly chained to regulate family relations.

Family legal relations are the main industrious factor, in turn, affecting the emergence of the following factor - the method of legal regulation of these relations, which includes personal and directly related property relations based on marriage, parents, various forms of care for children.

Taking into account the significance of family relations for any person and society, they are regulated not only by the norms of morality, customs, religious establishments, but also the norms forming a separate legislation - family legislation.

Legal regulation of family relations is directed primarily to the protection of the rights and interests of family members, on the formation of relations between them, built on the feelings of mutual love and respect, mutual assistance and responsibility of each other to the establishment of the necessary conditions for the education of children.

The subject and method of family law. Family law as a branch of law regulates a certain type of social relations.

In accordance with Article 2 of the RF RF, the subject of regulation by family legislation are:

terms and procedures for marriage;

termination of marriage and recognition of it invalid;

personal non-property relations between family members: spouses, parents and children (adoptive parents and adopted), and in cases and within the limits provided for by family legislation - between other relatives and other persons; As well as the form and order of the device in the family of children left without parental care.

Family legislation regulates both property and personal non-property relationships. Property relations are an alimony obligations of family members (parents and children, spouses, former spouses, other family members), as well as relations between spouses about their common and separate property.

Personal non-property relations are relations concerning the marriage and termination of marriage, relations between spouses in solving issues of family life, choosing the surname at the conclusion and dissolution of marriage, relationship between parents and children on the upbringing and education of children, etc.

In the family right, personal relationships are the main. They largely determine the content of the rules governing property relations, as property relations are always associated with them and flow out of them.

In the literature, the following specific features of relations regulated by family legislation are distinguished:

subjects of family relations can only be citizens;

family relations (both personal and property) arise from peculiar legal facts: kinship, motherhood, paternity, adoption, adoption of a child for education in the foster family;

family relations are usually fastened and associated between non-foreign people, and close relatives: spouses, parents, children, etc.;

family relations are characterized by strict individualization of their participants, their indispensability in these relations with other persons, including other family members, and as a result of this, the inalienability of family rights and responsibilities. Family rights and responsibilities are non-current, neither in the order of universal succession, or by agreement of the parties;

It should be noted that a significant group of personal family relations (love, respect, friendship) is not resolved by the norms of law. Moreover, not all property relations in the family can be regulated by the right, which is explained by the specifics of the functions inherent in the family.

The main functions of the family include the following:

reproductive (continued kind);

educational;

economic and economic;

rereactive (mutual moral and material support);

communicative.

Thus, the family is a complex complex of natural-biological, material and spiritual and psychological connections, many of which do not accept legal regulations at all and are simply morally regulated by the Company. The right is the regulator only the most important moments of family relationships.

The method of family law is a combination of techniques and methods, with which the norms of family law affect public family relations. The family law method is characterized as a resolution-imperative. The recruitivity of family legal regulation is that family law gives participants in these relations the ability to act in a certain way, satisfying their needs and interests in the field of family relationships (for example, the possibility of concluding a marriage contract, alimony pay agreements, etc.).

However, along with the dispositive norms in family legislation, imperative norms are also present (for example, norms that determine the conditions for marriage, obstacles to the conclusion of marriage, deprivation of parental rights, adoption, etc.). The essence of family law is manifested not only through the specifics of its subject and method, but also the main principles (principles) of family law, which reflect the most characteristic features of this industry. Under the principles of family law, they understand the fundamental principles, guidelines that determine the essence of this branch of law and are generally generalized. They are fixed in paragraph 1 of Article 1 of the RF IC.

These include:

recognition of marriage concluded only in the registry offices. In accordance with paragraph 2 of Article 1, the SC of the Russian Federation recognizes only the marriage concluded in the authorities of the acts of civil status acts. Marriage concluded on religious rites, actual marriage relations do not entail the emergence of mutual rights and responsibilities of spouses.

the voluntaryness of the marriage union means the right of every marriage to independently define their elect, unacceptably the impact of anyone on their will in dealing with the issue of marriage. The mutual voluntary consent of the man and women entering into marriage is a prerequisite for marriage. This principle assumes the freedom to dissolve both at the request of both spouses and according to one of them.

unitouch (monogamy). The RF IQ does not allow marriage between persons, of which at least one person is already in another registered marriage.

equality of spouses in the family. This principle follows from the provisions of the Constitution on the equality of the rights and freedoms of a man and a woman, about the freedom of choosing the place of stay and residence, the kind of classes, on equality of the rights and obligations of parents in relation to their minor children.

resolution of intra-family issues by mutual agreement. This principle is expressed in the provision of family members able to freely identify their relationships within the family. It is specified in paragraph 2 of Article 31 of the RF IC, in accordance with which issues of motherhood, fatherhood, education, education of children and other families of families are solved by spouses together, based on the principle of the equality of spouses.

the priority of family education of children, care for their welfare and development, ensuring the priority protection of their rights and interests. Family legislation standards establish that children are independent carriers of family rights. A number of minors are enshrined in the SC of the RF (property and personal non-property rights - Chapter 11 of the RF IC). Article 54 of the SC of the Russian Federation emphasizes the right of a minor child to live and raised in the family, since it is precisely family education that makes it possible to carry out an individual approach to each child, taking into account the peculiarities of his personality.

ensuring priority protection of the rights and interests of disabled family members. The Family Code provides priority protection for disabled family members (minor children, disabled people, retirement persons), as they are deprived of the opportunity to provide themselves with the necessary means of existence. The law contains norms aimed at implementing this principle (the right to alimony of minor children, the obligation of adult children to contain their parents, the obligation of spouses by mutual content).

Russian legislation does not give legal definition of the family. Such a concept was developed in legal literature. Family is a circle of persons related rights and obligations arising from marriage, kinship, adoption and other forms of adoption of children for education and designed to help strengthen and develop family relationships3.

The legislation does not determine the legislation and the term member of the family, widely used in the RF IC and other legal acts. From the analysis of the current legislation it follows that this term applies to family rights and responsibilities. They may have persons living with one family, members of different families, former family members, related to property and personal non-property rights, which arise from marriage, kinship, adoption and other form of children's children to upbringing. Family relations arise between family members.

Family legal relations are public relations settled by family law issues arising from marriage, kinship, adoption or other form of the device of children who are left without parental care.

Family legal relations have the specifics inherent in them.

First, they arise, change or terminate on the basis of specific legal facts provided for in the law, such as: conclusion and termination of marriage, birth, adoption, device in the reception family and a number of others. In most cases, family legal relations arise from the aggregate of legal facts. For example, for the adoption of the child, the will of the adoption of the adopter, the consent of the parents of the child or those who replaced them, the consent of the child who has reached 10 years, the decision of the court of adoption.

Secondly, the subject of family legal relations is determined by law. These include spouses, parents or their faces replacing them (adoptive parents, guardians, trustees), children (including adopted), other relatives and persons, and in cases directly provided for by the RF IC (grandfather, grandmother, grandchildren, brothers and sisters , stepfather, stepmother, stepper, stepdaughter). The law gives the subjects of family legal relations in legal capacity and legal capacity. Family legal capacity is the ability of a citizen to have family rights and duties (the right to marry, the right to adopt a child, etc.). It arises from the moment of birth, but its content depends on age. Family capacity is the ability of a citizen with its actions to acquire and carry out family rights, create family responsibilities. In full, the capacity of citizens in family legal relations arises from 18 years. Persons recognized in courts are incapable, do not possess family legal capacity.

The presence of complete legal capacity is not a prerequisite for participation in family legal relations. So, minors have partial capacity, which does not impede the emergence of the legal relationship between them and its parents (legal relations on education, education and the content of the child).

Thirdly, family legal relations, as a rule, are laid in nature. Most family relationships are not limited to any temporary framework.

Fourth, family legal relations are built free of charge. These include relations for gratuitous material assistance to needy family members, gratuitous provision of content with disabled family members.

The main source of regulation of family and legal relations after the Constitution of the Russian Federation is the Family Code of the Russian Federation, adopted on December 8, 1995 and entered into force from 1.03.1996. It consolidates the basic principles of building family relations, the rights and obligations of family members, guarantees to protect their rights and interests.

Other federal laws taken in accordance with the Family Code of Family Law are included in accordance with the Family Code, for example:

The Federal Law "On Acts of Civil Status" adopted 15.11.1997;

The Federal Law "On Basic Guarantees of the Rights of the Child in the Russian Federation" was adopted on 07/24/1998;

Federal Law "On the basics of the system of prevention of neglect and offenses of minors" adopted on 06/24/1999.

In accordance with Article 72 of the Constitution of the Russian Federation, family legislation is in joint jurisdiction of the Federation and subjects of the Federation, which is enshrined in Article 3 of the RF IC. From this it follows that the laws of the subjects of the Federation are among the sources of family law. The laws taken by the subjects of the Federation may regulate family relations only within the limits established by the RF IC. In particular, the questions that the SC of the Russian Federation directly refers to the management of the subjects of the Federation (for example, the organization and activities of guardianship and guardianship bodies, on the identification of other forms of the device that remained without parental care, etc.).

Sources of legal regulation of family relations are also other regulatory legal acts. These are primarily the decrees of the President of the Russian Federation, the Decree of the Government of the Russian Federation. For example, by the Decree of the Government of the Russian Federation, the procedure for the transfer of children to adoption, as well as the implementation of control over the living conditions and education of children in the families of adoptive parents.

The Family Code enshrines the important provision (Article 4) on cases and limits of application to family relations of civil law, and in Article 6 of the RF IC of the Russian Federation, the norms of international law that take priority to the norms of national law.

Family law is a branch of law, a set of legal norms that regulate personal non-property and property relations arising from the state of marriage, kinship and the adoption of children in the family.

Personal (non-property) are relations concerning marriage and discontinuation of marriage, emotional relations between spouses, solving family life issues, choosing a surname at the conclusion and dissolution of marriage, choosing a profession, relationships between parents and children to educate and educate children and other property Relationships are an alimony obligations of family members, as well as relations between spouses about their common and separate property. A feature of family law is the priority nature of personal relationships.

Personal character is due to the fact that these rights can not be delegated, are forwarded. They are connected with the continuation of the kind, the upbringing of children, the rights and obligations of her husband and wives, parents and children, other relatives. The presence of a family decides primarily social, moral problems of family members. Personal relations in marriage predetermine the regime of property rights: the marriage creates the opportunity (both on legitimate and on a contractual basis) formation and disposal of the property of spouses, material support of spouses and former spouses, parents and children. The possibility of an alimony content and the volume of property of the property obtained from its section depends on the moral and moral behavior of the spouse (spouse) in marriage; from proper execution of parental duties.

In the event of the death of a citizen, the succession is not allowed, but other situations are also possible in family legislation.

The succession is called the transfer of rights from one person to another directly by the law or agreement. Under the succession, a new subject in the legal relationship stands in the place of the initial, and the right to him remain identical rights to the initial entity. In civil, family, labor law, the succession of only property rights and obligations is allowed. Personal rights (authorship, honor and dignity, parental and marital duties, etc.) inalienable from their carriers and cannot be transmitted to other persons. The succession of property law is not allowed if it is connected with the identity of the subject of this right. For example, it is impossible to transfer the right to receive alimony, lay it right.

The succession is distinguished by the general (universal) and private (singular). With the general succession, not only all its rights is transferred to the legal succession from the right-ender. Such, for example, succession while inheritance. All rights and obligations associated with inherited property are within its cost transfer to the heirs who adopted property. Based on the universal succession, due to the reorganization of two or more legal entities, merging in one legal opinion of all their rights and obligations (the transition to a new legal entity of all assets and liabilities terminated by the merger of legal entities).

The legal regulation of marriage family relations is carried out only by the state, and only the marriage is recognized as a legitimate marriage concluded in the state bodies of recording acts of civil status (registry office). The religious wedding rite, as well as other religious rites, does not have a legal significance.

Family relations in the Russian Federation are governed by applicable law.

The basic principles and provisions of family legislation are recorded in the Constitution of the Russian Federation, the Civil Code, the Family Code of the Russian Federation, as well as in federal laws and the laws of the Russian Federation. All these regulatory acts are designed to ensure the full right regulation of marriage-family relations.

The family in the Russian Federation is under the protection of the state. Family legislation proceeds from the need to strengthen the family, building family relations on the feelings of mutual love and respect, mutual assistance, ensuring the implementation of the family members of their rights and their legal protection.

Family-marital relations are regulated in our country in accordance with the following principles:

• 1) the voluntariness of the marriage union of men and women;
• 2) equality of the rights of spouses in the family;
• 3) permissions of internal queries by mutual agreement;
• 4) the priority of family education of children and care for their welfare;
• 5) ensuring the protection of the rights and interests of minors and disabled family members;
• 6) ban on limiting the rights of citizens who are married, on the basis of social, racial, national, linguistic and religious affiliation.

In general, family law is characterized by imperative volume of rights and obligations, while subjects of civil law may be of rights and obligations, and not provided for by civil law. Marriage is a monogamous Union of Men and Women. In connection with the terms of marriage to subjects of family law, additional requirements on the field, age, marital status, place of residence, related relationships, etc. in some legal situations (adoption, care, guardianship, termination of marriage, etc. may be announced. ) The key role in the resolution has a social characteristic of the person.

The developers of the modern Family Code considered the definition of marriage not having a legal importance for domestic family law. The authors of this theory believe that already at present, the existence in each legal system of the only marriage model does not meet the needs of modern society ... In the future, the face of marriage will receive the right to work out for themselves the model of marriage, which is the most Acceptable, and the state will only register their choice. The current IC RF in Art. 1 and art. 12 speaks of the principle of the voluntary of the marriage union of a man and a woman, i.e. Direct guidance on the fact that marriage is the Union of Miscellaneous People, the IC of the Russian Federation does not contain.

The Housing Code of the Russian Federation and such federal laws as "on the status of servicemen" and "on the subsistence minimum", in different ways interpret this concept depending on the goals pursued. This determines the uncertainty of the legal content of the "Family" concept and thereby prevents his authority to adequately implement its powers. For example, in the LCD of the Russian Federation, it was determined (art. 31) that the family owner of the residential premises belongs to the residential premises of his spouse, as well as children and parents of the owner, as well as the residential premises of the family. Other relatives, disabled dependents and (in exceptional cases) other citizens can be recognized by the family members of the owner, if they are universal by the owner as members of his family. Family members of the owner of residential premises have the right to use this residential premises on a par with the owner, unless otherwise established by the Agreement between the owner and members of his family.

Relations regulated by family legislation can be divided into four groups.

• 1) This is actually family relationships: the relationship between spouses (marriage), the procedure for marriage, cessation of marriage and recognition of its invalid, regulated personal property and non-property relationships between family members: spouses, parents and children, as well as between other relatives, establishing The origin of children, the rights and obligations of parents and children, as well as the alimony duties of family members.
• 2) These are relations equal to family (adopting), and relationships close to family, as well as guardianship and guardianship.
• 3) This is a relationship between family members on the one hand, and government agencies on the other. These relationships with the regions of the registry office, which regulate the birth, death, conclusion and termination of marriage, adoption, establish custody and guardianship.
• 4) These are family and related relations with the participation of foreigners and individuals without citizenship.

All legal norms regulating in-family and related relations subordinate to the principles of law are based on spouse equality. Members of their rights and obligations should not violate the rights, freedoms and legitimate interests of other family members. Family rights are protected by law, and they are protected by the court according to the rules of civil proceedings.

family legislation legal relations protection