Immediately, we emphasize that family relationships are not at all the same as family relationships. In the first case, everything is based on family legal regulation, and not on domestic relations. The family is given a lot of attention in legislation. The composition of the legal relationship, as well as the provisions of each of its members, are adequately spelled out. The main legal framework is the family code. Also, some provisions are contained in separate legal acts.
What is hiding under this concept? Family relationships - this is the actual family relationship, which is regulated by family law. Its participants are bound to each other by certain rights, as well as obligations, the neglect of which may apply certain sanctions by the state. This concept of legal relationship, in principle, can be called exhaustive. We only note that there are other views on this issue.
Family relationships have the following symptoms:
- in most cases they are of a long nature (in any case, it is implied);
- legal facts on the basis of which family relationships arise, cease, change, are registered with the registry office;
- as entities can only be individuals;
- an important sign - individuality (family legal relations are closely connected with any specific people);
- their character is personal and trusting;
- the succession of rights and obligations here is completely unacceptable.
By their nature, family relationships are different. They can be personal property or non-property. An example of non-property - the choice of surname at the time of marriage. Property rights can be divided into groups:
- obligatory;
- property law.
From the names it is clear that the former are related to obligations to each other, as well as to children, and the latter to property.
Family relationships are often relative, but with an absolute character, and vice versa.
They can be divided by subjective composition. Here they will be three-subject or two-subject. In the first case, we are talking about parental relations, in the second - about marital relations.
In most cases, speaking of family legal relations, they mean marital legal relations. Three-subject in some cases are considered as some simple legal relations, the participants of which are parents and their child. It is unlikely that anyone will argue with the fact that the child has an individual relationship with each of his parents. One parental relationship is always somehow limited to another. For these reasons, three subjects are spoken of only in exceptional cases.
Family legal relations have their own structure. It includes two elements. It is about the subjects, as well as their duties and rights. The object in this case cannot be included in the structure. What is he here? It means actions or property.
An action is an object in a personal relationship. It can be associated with active behavior (choosing a school for the child, name, and so on) or with passive (non-disclosure of family secrets and the like).
What is property as an object? It is about the property itself, as well as property rights. At the conclusion of marriage, each of the spouses has some of their own things and other material benefits. After marriage (unless a prenuptial agreement is drawn up, which stipulates certain conditions for cohabitation), everything becomes common. Over time, and jointly acquired property appears . In certain situations, partitioning it can be very difficult.