What kind of relationship governs family law

One of the branches of the Russian legal system is family law. This is a set of legal norms aimed at regulating relations in society, arising in connection with the creation and existence of a family, the termination of marriage. The basic principles of legislation in this sphere have been established in the Criminal Code of the Russian Federation. It was created to strengthen the family, build relationships based on love, mutual understanding and respect, responsibility to all its members. In addition to the UK, the norms in this area are contained in other federal laws, regulatory acts of the subjects of the Russian Federation, as well as by-laws. The latter can be taken strictly in cases provided for in the code.

Subject and method of family law

His subject includes marriage and kinship based on custody and guardianship, adoption and adoption of children, property and non-property personal relationships arising between family members. Family law regulates the conclusion and termination of marriage, maintenance obligations, rights and duties of children and parents, spouses, etc.

In family law, an imperative method is predominantly used, which does not provide freedom of choice. Thanks to this, the principles of building relations are clearly defined in the family sphere.

Principles

When issuing laws, the state seeks to minimize interference in family relations, limiting itself to establishing only the most necessary generally binding rules.

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

Subjects of family law

As such, family members can act : spouses, grandmothers, grandfathers, sisters, brothers, parents (including receptionists), stepfathers, stepmothers, adoptive parents, guardians, trustees.

Family law defines that the subject of legal relations can only be a citizen who has a family legal personality (legal capacity and legal capacity). The first arises from birth, however, the scope of rights varies with age, especially after reaching adulthood. Family Legal capacity may be limited, but only in cases provided for by law. A citizen may be deprived of legal capacity. For example, in connection with a 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 a court of law. In the event of any disputes over the division of property, the need to collect alimony for incapacity for work, the presence of underage children, etc., the interested party applies to the claim to the court. The decision taken by the court is binding for execution.

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