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The subject and method of family law. The concept of family law

Today, to regulate relations within the family, as well as property and non-property relationships of a personal nature between citizens who are married or close relatives, family law is used, the subject and method of legal regulation of which are discussed in detail in this article. In addition, a vivid characteristic is given to other aspects: factors, principles, sources of family law, and so on.

The essence of family law

This category is a separate aspect of civil law, the norms of which fully regulate family relations or personal and non-property relationships of a personal nature between citizens who are married or who are close relatives. It will also be appropriate to classify adoption, custody and guardianship of minors, as well as the adoption of children in the family with the aim of educating and providing them with all conditions for decent life and development. Thus, the concept, subject and method of family law presuppose the solution of the following tasks: absolute protection of the institution of the family, as well as motherhood, paternity and, of course, childhood.

It is important to note that in the institution of the family, in addition to non-property relations, which include love, marriage, trust, respect, affection, and others in the majority of abstract categories, there are also links in terms of the performance of specific transactions with property. For example, young spouses have common property, a duty to provide for the family and, in particular, their own children. Practical studies have shown that discord in relations of non - property type generates a negative connotation of property relationships.

Subject and method of family law

The complex of the relations considered above forms the subject of the considered branch of law, which is considered independent. This includes the following components:

  • Conclusion, as well as the termination of marriage.
  • Fundamental rights, as well as the responsibilities of each of the spouses.
  • Fundamental rights, as well as the responsibilities of children and parents.
  • Obligations of one of the parties to pay alimony.
  • Forms of educational process, relevant to children who have been left without parental care.
  • Consideration of marriage as fictitious.
  • Deprivation of rights to paternity (motherhood).
  • The use of Russian legislation in relation to families with the participation of citizens of foreign countries or stateless persons.

The conditioning of the subject of family law, the method of regulating family relations is a complex that includes methods by which legal norms can influence family-type social ties. It is permissive-imperative, which implies absolute equality of parties in legal terms, autonomy with respect to the will of participants in legal relations, strengthening the dispositive nature of legal regulation, as well as situational control.

Family law system

As noted above, family law (subject, method, sources described in the article) refers to a system of a private nature that is equated to a set of norms that regulate the interrelations of a social type that constitute an object of this category. It is important to note that the system has a classification, which assumes its division into two main parts: general and special. The first section contains the basic norms (main terms, rights and responsibilities, measures of responsibility, principles for functioning). These norms have a general purpose, and therefore apply to all institutions of a special section. This should also include the tasks of the industry, as well as its sources.

The special part contains in its structure norms that regulate similar complexes of social interrelations, united in institutions. Thus, it is advisable to single out the categories of rights and duties of spouses, marriage, marriage contract, the forms of the upbringing process for children, and the alimentary obligations and factors of applying civil law to family relations.

Fundamental Principles of Family Law

The subject and method of family law presuppose the management of the relevant principles, which are determined by the results of regulation of family relations. So, it is necessary to allocate the following items inherent in the considered branch:

  • The principle of recognizing only marriage, concluded in the bodies of the registry office. So, marriages, formed on the basis of religious or church motives, are considered invalid.
  • The principle of voluntariness, involving the creation of a family by mutual consent of the parties. The choice of the spouse is carried out in accordance with the personal views of the individual.
  • The principle of resolving any disputes within the family by joint efforts, which requires premature coordination of family issues, among which the main are the goals and features of spending the budget, as well as methods of raising children.
  • The principle of equality of parties, implying that the spouses have identical rights.
  • The principle of the priority of the educational process for children, due to the adoption in the Family Code of the child's right to development in the family.
  • The principle, which is the priority of the interests of family members who are unable to carry out work.
  • The principle of equal rights of citizens, excluding the dependence of rights on marital status, profession, age and other circumstances.

Sources of Family Law

The concept, subject, method, principles of family law are formed on the basis of the fundamental facts fixed in the relevant sources. These legal norms are designed to regulate social relationships arising from the creation of a family or other situations described above. It is important to note that the sources are graded into a number of groups, which also have their own classification. It would be advisable to consider the basic sources of family law in the example of Russia. It:

  • The Constitution of the Russian Federation.
  • The Family Code of the Russian Federation.
  • The Civil Code of the Russian Federation.
  • The Civil Procedure Code of the Russian Federation;
  • Labor Code of the Russian Federation.
  • Housing Code of the Russian Soviet Federative Socialist Republic.
  • The Criminal Code of the Russian Federation.
  • The Criminal Procedure Code of the Russian Federation.
  • Laws of a federal nature of the Russian Federation.
  • Normative acts of subordinate type.
  • Decrees and orders of the President of the Russian Federation.
  • Decrees and orders of the Government of the Russian Federation.
  • Orders, instructions of ministries, committees and other departments.
  • Contracts of an international character.

Norms inherent in family law

The subject and method of family law are formed, as noted, using sources, and hence, the norms of family law, which, of course, significantly affect the relations within the family. These norms are contained in legislative acts, among which the Family Code plays an important role. It is important to note that they are, first of all, aimed at strengthening the institution of the family. So, thanks to the legal norms, relations are formed that exclude the violation of the rights and freedoms of the individual. Moreover, the adequate functioning of the family is fully ensured, as well as the protection of the interests of each of its members. Legal norms serve as the main assistants for citizens in the unimpeded exercise of constitutional rights and the prevention of interference by strangers in family matters, which allows the institution not only to function normally, but also to flourish. In addition, through the application of specific norms, maternity and childhood, disabled people and foster children are supported, as any social assistance is known to be carried out through the adoption of certain norms.

Terms in Family Law

The subject, method, principles of family law are implemented only in accordance with certain terms. They have to do with the group that last and are not determined by the time frame. Nevertheless, cases are known where the termination, formation or adjustment of rights and obligations depends on specific time periods specified in advance. By term means a specific period of time, the outflow or offensive of which speaks about certain consequences. It is a legal fact only because it fully affects the occurrence of consequences in accordance with legal norms. This fact refers to independent of the human will (because time also has nothing to do with the desires of a person). It is important to note that one of the differences between the civil law and the civil law is the exclusion of the timing institution, and this despite the fact that both branches are equally related to the private legal system.

Terms in the family law have their own classification. So, very common are the preclusive or those during which the existence of certain rights is possible, for example, the right to receive child support right before adulthood. In the system under consideration, there is such a thing as the probationary period, where the registration of marriage should be attributed only a month after the application has been submitted to the registry office.

Realization of family rights

If we conclude in one set the concept, subject and method of family law, we can determine the main directions for the implementation of the rights regulated in the Family Code. It is important to note that every citizen has the right to decide how to dispose of what is permitted. For example, disabled parents who, of course, need help, can receive or refuse maintenance from their adult children. Of course, the decision often turns out to be negative, because loving children will in one way or another fully support their disabled father and mother. In the Family Code it is determined that the rights are mandatory protected by law. The exception is those that are in conflict with their direct appointment. But the rights that are appropriate to their appointment are realized with the purpose of strengthening the family, ensuring a decent upbringing of children, creating favorable conditions for the absolute development of each member of this institution, and so on.

Protection of family rights

The subject matter discussed above, the method of regulating family law fully argue the measures taken by state bodies to protect the rights of each member of the family, which can take place in administrative and judicial order. The latter option is the central method of protection, because only by the court decision is an absolute deprivation or restriction of the rights to paternity (maternity), the abolition of adoption, the dissolution of marriage (in the event that the family has a child who has not reached the age of majority) or the establishment of its invalidity, Collection of nutritional obligations for children (from one of the spouses in the case of divorce), a needy spouse who is not able to work, or to other family members. It is important to note that the recovery of alimony is appropriate only in the event of the exclusion of agreement between the parties. The courts that carry out the legal protection of the family include the courts of general jurisdiction - the district people's courts (or city courts). In addition, some cases may be considered by magistrates, but this does not include issues of challenging or establishing paternity, deprivation of parental rights or adoption of a child.

International Family Law

The complexity of the procedure for concluding marriages with foreigners and further life activity, taking place in modern times, fully argues the expediency of applying not only the norms of domestic legislation, but also the standards of a certain foreign country. Thus, international family law (the subject and method of family law is briefly considered above) includes a number of institutions:

  • Registration of marriage between Russian citizens permanently residing in another state.
  • Registration of marriage with a citizen of another state.
  • Collection of alimony from citizens of a foreign state.
  • Recognition of a void.
  • Divorce in respect of a foreign citizen and citizen of the Russian Federation.
  • Problems relating to property, when marrying a foreigner and so on.

It is important to note that Russian citizens staying abroad have the right to apply to consulates and diplomatic missions on absolutely any issues relating to the marriage of the type in question.

Features of international family law

It is important to note that the subject and method of family law in relation to international interaction has a slightly different focus. So, if spouses live outside of Russia, but only one of them is a foreign citizen, divorce is possible even in Russia. In this case, the application of Russian family law and its relevant aspects will be appropriate. But the recognition of the fact of divorce by a court of the Russian Federation in another state is considered according to local legislation, and also on the basis of international agreements. In addition, the Family Code of Russia contains a provision on the possibility of termination of such a marriage outside of Russia, provided that it is carried out in full compliance with foreign law, and the rights of the spouses are unconditionally observed. It should be noted that a person who has recently terminated a marriage in a foreign country can marry unhindered or marry in the territory of the Russian Federation.

Modern problems of family law

As it turned out, the subject, method, system of family law is very multidimensional and ambiguous. The fact is that this category can be considered not only as a science, but also as a branch of legislation. Nevertheless, the main link is the identical goals that must be achieved in the process of their application. This is the protection of the rights of each member of the family, the regulation of family relations, the protection of the rights of the child and the competent balance between the interests of the individual, the family and society as a whole. The problem is that goals are defined for family law only as a science, but not in a legislative way. So, it would be very expedient to exclude this gap. In addition, at present, there is a significant need to strengthen the norms of family law, because without the proper enrichment of the scientific base, it simply will not be able to perform its functions. Today, the general theory and family law exist separately from each other, but their interaction will certainly lead to a successful result and a significant strengthening of the institution of the family.

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