Family relationships and living together is a complicated thing. It is quite painless to solve constantly arising problems. What to do if a crisis in family relations has begun? First of all, check if your spouse is behaving legally, what if it's time to go to court? Family relations and law is a sensitive and rather complicated topic requiring a serious approach. Try to understand all aspects of family law in order to always feel protected, to know your rights and obligations to other family members. And this article will help you with this, the main topic of which is family relations from the point of view of their legal regulation.
Marriage Conditions
Norms of family relations without legislative registration of the marriage union as the basis for creating a family are impossible in principle. That is why it is advisable to start with the necessary conditions for marriage:
- mutual voluntary consent of a woman and a man;
- the achievement of both partners who want to register their relationship officially, of marriageable age. In Russia, it is equal under the law of eighteen, but the legislation also does not prohibit the marriage of sixteen-year-olds, but with the permission of the local administration and only if there are good reasons, such as the pregnancy of the bride. Moreover, even sixteen years is not the limit, in some cases even fourteen-year-olds are allowed to join the marriage;
- the absence of marriage partners from any of the partners;
- the absence of close family ties between future spouses (it is forbidden to marry relatives according to the level of proximity up to cousins, it is also not allowed to marry between the ward and his guardian)
- the legal capacity of both persons wishing to marry (in case of violation of this condition due to poor-quality preliminary verification of citizens and recognition of incompetence due to mental disorder of one of the spouses, the marriage is simply recognized as invalid).
These conditions really work in the legal field of marriage, and the absence of any of them does not allow marriage, and a marriage already concluded (if there is an external error in checking compliance) the marriage is recognized as invalid and void from a legal point of view.
Family in terms of legal regulation
Marriage and family relations in the aspect of family law and legislation: the family is a special organism that has a number of its own distinctive features. The family from the point of view of law is a group whose members are interconnected by close bonds from the legislative point of view in the form of mutual rights and obligations. These bonds are born in accordance with the element of consanguinity, marriage, adoption, or adoption.
The latest approved laws indicate that the state does not consider it possible to interfere in the personal family relations of people. This also applies to their intimate sphere.
That is, the legislative side, through the norms of family law, regulates relations in the family, which establish the procedure for the emergence of rights and obligations. Family law establishes:
- Necessary conditions that determine the procedure for marriage, as well as its termination or invalidation.
- Personal non-property and family property relations between all family members, namely parents and children, spouses.
- The order of the device in the family of orphans (one of the most important positions at this time).
- Certain types of legal relations on civil family matters between other, mainly distant relatives and other persons in those cases provided for by relevant legislation.
It is clearly seen that the range of issues covered by family legal regulation is exhaustive today. Moreover, there is real potential for its expansion in cases and within the framework provided by law.
The legal regulation of family relations is a set of legal norms responsible for the regulation of property and personal non-property relations, born of marriage, kinship and adoption (or adoption).
Interaction among members of one family who are regulated by the rule of law is called family legal relations. The essence of family relations is multifaceted and includes the subject and object sides, the content and principles of mutual relations between people in marriage.
Subjects
Important in legal regulation is the issue of subjects of family legal relations. Their list includes a man and a woman who entered into marital relations (same-sex marriages, like polygamy, are prohibited in Russia), other blood relatives, adoptive parents and adopted children (adoptive parents), and in the latter case, guardianship bodies are also added to the number of subjects and guardianship.
The objects
The factor of objects of family legal relations is also important. They are the behavior of the subject of legal relations and his individual actions regarding members of his own family, as well as personal and common family property, as well as other material benefits.
Content
The next point in the case of family legal relations is their content. It includes components such as the rights and obligations of family members on a reciprocal basis from a material position. From the point of view of the spiritual component, family relations are based on the fact that family and marriage should be based on feelings of respect and mutual love, mutual assistance and personal responsibility of each family member to her.
Principles
As the basic principles on which marriage and family relations are built, the following are approved:
- equality of spouses both from a legal and spiritual point of view;
- voluntary marriage of a man and woman;
- priority set for raising children in the family;
- decisions taken within the family by compromise by mutual consent and concessions;
- concern for the well-being of children and their effective development on various points;
- ensuring priority protection of the rights of children, as well as family members who are not capable of work.
The law categorically prohibits any restriction on the rights of citizens who marry, and during further family life on discrimination related to race, nation, social affiliation, religion. However, as mentioned above, not all family relationships can be regulated by law.
Thus, the state must not by law interfere in personal intimate relations, to which, as we understand it by the adoption of the relevant law, domestic violence is also attributed today. This issue seems ambiguous and, moreover, very paradoxical.
Dates in family law. What it is
Family relations between spouses and parents with minor children of a property and non-property nature do not have clearly defined boundaries (from the point of view of legislation they are called lasting). However, one should be aware that a certain level of clarity and rigor in the regulation of family relations from the point of view of law is necessary. This very clarity is ensured by the adoption of known dates in family law. They are unequal in their degree of uncertainty. Dates can be conditionally divided into several groups in connection with a varying degree of their duration.
Let's go through each group and illustrate with examples:
- The first group is formed by the existence of a certain obligation or right. As an example, let’s cite the sore topic of modern society, covered in the Family Code of the Russian Federation: the ex-wife during her pregnancy and three years after the birth of the child has the right to demand from his father (and part-time ex-spouse) to pay her alimony in an appropriate amount (except those intended for a minor child).
- Group number two is formed by the terms: binding, prohibitive and permissive. For example, marriage in civil registry offices is carried out in a month, counted from the date of filing by the persons wishing to enter into marriage, applications to the registry office. And one should not forget that this period can be either increased or shortened, however, only if there are really good reasons and no more than a month, that one, that the other way.
Let us highlight in more detail the issue of terms in family law, indicating their application in the articles of the main legislative act of Russia in the field of family legal regulation in the Family Code:
- It is permitted by law to write in the Birth Certificate in the column "father" of the former spouse, provided that the baby was born no more than three hundred days after the dissolution of the marriage, the death of the spouse or invalidation of the union - Article 48, paragraph 2.
- If both parents or one of them, for objective reasons, live separately from their child and in these conditions evade their maintenance and upbringing for more than six months, the guardianship authorities can give consent to the adoption of children without the knowledge of their parents and agreement with them - Article 130 .
- Without the consent of the spouse, the husband is forbidden to file for divorce until one year has passed since the birth of the child - Article 17.
- A child cannot be adopted earlier than six months after a decision has been taken to deprive his parents (or parent) of their parental rights - Article 71, paragraph 6.
The Family Code establishes certain rules regarding the court. So, the latter is tied up to the expiration of three days from the day when the decision came into force, to send an extract from the court decision to the registry office in the following cases:
- Annulment of marriage - Article 27, paragraph 3.
- Deprivation of parents (or one of them) of rights - Article 70, paragraph 5.
- Establishment of adoption of a child - Article 125, paragraph 2.
- Cancellations of adoption of a child - Article 140, paragraph 3.
Obligations are also assigned to guardianship authorities. They must, after the six-month period of restriction by the court of the parents (parent) in parental rights, file a claim for their complete deprivation - Article 73, paragraph 2.
If the child was taken from insolvent parents in conditions that could pose a real threat to his health or even life, the guardianship and trusteeship authorities should act much more quickly and no more than seven days after they approve this act, send a lawsuit to the judicial authorities deprivation of one or both parents of parental rights or, in the least dangerous cases for the child, their restriction.
A very specific period can be set: a year or a month from the moment of the origin of such an event and the like. However, it can also reflect any period of time, time period: the period of stay in marriage, and the option is possible when the period is limited by whatever framework: no later, no earlier, during and the like.
As indicators of time and terms, the Family Code uses, in terms of terms, such adverbs as "immediately", "immediately" and others. Often such a wording is present in cases where procrastination is either extremely undesirable or even fatal. A vivid example: in case of a serious threat to the health or life of the child, the guardianship authority is obliged to immediately take him away from the negligent parents or persons performing their functions - article 77, paragraph 1. The beginning, from which the established period is measured, usually sounds something like this: "from the date of establishing the fact "or" from the day the judgment comes into force "and so on.
It is important to know so that there is no confusion that other, compared with the Family Code, terms approved in by-laws and legal normative legal acts may differ. Often there is a detailedization of terms previously approved with the client.
The duration of the lawsuit and legal acts is an important component. The general terms of this concept do not exceed three years.
Sources of Family Law
Sources of family law - a strictly established issue that does not require any changes or additions. First of all, the main state law - the Constitution of the Russian Federation, approved by referendum of 1993, should be attributed to the sources of family law. We understand that it occupies a leading position both in the legal system of Russia as a whole, and in the sphere of family relations in particular.
Chapter two of the Constitution is called “Human and Civil Rights and Freedoms” and is crucial in the field of regulation of relations within the family. We give examples that prove this point. A man and a woman have an equal set of rights and freedoms, as well as the same opportunities for their implementation, we read about this in article 19.
Article number 21 confirms the child’s right to personal human dignity and his mandatory respect. The dignity of the subject, under the Constitution, is under the protection of states and cannot be belittled under any circumstances.
Section 35 is responsible for regulating the legal and contractual ownership of spousal property. It notes the main principles in ensuring compliance with the law in property relations.
The guarantee of freedom of thought and speech to every citizen is provided by Article 29 (its first part). This provision of the Constitution is reflected in another source of family law - the Family Code. Article 57 provides for the right of the child to express his own opinion on certain issues.
A number of definitions that are fundamentally important for family legal regulation are contained in the Civil Code of our state. As the main ones, one can recall: legal capacity, legal capacity, place of residence and many others. It contains a number of definitions that are fundamentally important for family law. The Civil Code has the right to establish the order of disposal or alienation of the rights of minors to certain property by their parents or those people who socially replace them.
The Family Code of Russia most fully regulates family relations. Its text includes absolutely all existing legal standards in this country regarding this aspect. It reflects in one way or another the factors affecting family relationships and their regulation. These standards are subject to specification on the following points:
- General Provisions
- Rights and obligations of spouses.
- The conclusion and termination of marriage.
- Rights and obligations of parents and children.
- Forms of education of children without parental care.
- Alimony obligations of family members.
- The possibility of applying the legislation of the Russian Federation to family relations in which participants are citizens of foreign countries. This also applies to stateless persons.
Other federal laws also apply to the direct and official sources of family law, on the basis of which judicial regulation of family relations is even carried out. It can be:
- Orders and decrees of the president.
- Federal laws and regulations.
- Decisions of the government in the field of the family and any other legal acts regulating family relations.
There is an equivalent in cases where relations within the family between its members cannot be settled based on direct, direct sources in the form of acts of the family legislative base. Replacing family law on certain issues comes to the rescue in such situations.
Earlier, we already observed in one example the reflection in the Family Code of provisions taken from the Civil Code. This property of the legal sphere is called the analogy of law and is used not only in the resolution of any minor disputes, but also in making equivalent court decisions. In addition to searching for a legal analogy, it is possible to resolve a dispute that has arisen within the family by simple agreement of the parties. By the way, for general erudition, we note that the only branch of Russian legislation that does not lend itself to the principle of analogy of the law is criminal law.
International law
International legal relations, for obvious reasons that do not require additional explanation, occupy a special place among the sources of family law. Everyone should remember that they are included in the Russian legal system, and the norms of international law with respect to the Constitution are applied in case of inconsistencies with domestic legislation (priority of international law). , , .
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