The family is considered the main social unit of society. Its members have rights and obligations in relation to each other, which is prescribed in the laws of the country. Family legal relations are personal or property relations that appear between people. This cell includes spouses, children, grandparents. There are different types of family relationships that allow you to regulate a variety of areas of activity.
Signs
The concept and types of family relationships allow us to determine the signs of the main unit of society:
- relationships are socially important;
- appear between specific people;
- based on rights and obligations;
- have legal significance;
- created by the will of the participants;
- based on state coercion.
It is precisely on these grounds that family relations can be distinguished from some others.
Family Functions
A person of any age needs a family, because it performs important functions:
- procreation;
- education;
- economic and economic;
- support;
- communication.
Since birth, a person needs a family, as it helps him cope with all the difficulties. Strong relationships help everywhere. Support is of great importance, which is why family creation is valued.
Features
The features of such legal relations include:
- The subjects are citizens: spouses, children, other family members.
- Bind close people.
- Participants are individualized.
- Rights and obligations are interconnected.
- They are considered personal and then property.
- They are personally trusting.
Relationship types
Each member of family law performs its functions. That is why there is a certain relationship between them. Types of family relationships are as follows:
- personal or non-property: the decision on marriage, its termination, family life issues, choice of surname, upbringing and education of children:
- property: payment of alimony, division of property.
The main ones are personal relationships. It is on them that the norms that govern property matters are based. It is on this that family relationships are based. The concept, types, subjects and objects - all this is an important part of the cell.
Parental legal relations consist in solving the issues of education, upbringing, maintenance of children. This obligation is assigned to both spouses. Moreover, everything should be done in concert. Grandparents only help in this matter.
If we consider the specifics of the content, then the types of family relationships are marital and parental. Both categories have rights and obligations in relation to each other. Based on the subjective composition of a relationship, there are:
- difficult: in the presence of three participants;
- simple: between two.
Types of family relationships can be unilateral and bilateral. And according to individualization, they are divided into relative and absolute. Family principles are built on these principles.
Who are the subjects?
In family law there is the term "subjects". These include spouses, parents, children, brothers, sisters, grandfathers, grandmothers. They are also foster children and parents. The family is considered an independent entity. All participants have rights and obligations.
All types of subjects of family legal relations perform a certain function. Parents must take care of young children, and when they grow up, they take care of the older generation. If everyone fulfills their role, then the family is harmonious.
What does the content include?
The structure and types of family relationships include the rights and obligations of family members. This is recorded in legislative documents. In this area, there are such concepts as legal capacity, legal capacity.
Family legal capacity refers to the ability to exercise rights and obligations. It appears with birth, its volume can change with age. For example, many rights appear from adulthood.
Family legal capacity is the ability to acquire and fulfill rights and obligations. It is not considered a prerequisite for the emergence of family relationships. Many of them arise without the will of the participants, for example, the relationship between parents and children. The legislation does not indicate the age when absolute capacity appears. This usually occurs with legal capacity.
Acquisition of legal capacity does not always become the reason for the appearance of family legal capacity. The Civil Code of the Russian Federation states that upon emancipation a minor becomes legally capable. Only court can deprive her.
What is an object?
In family law there are more than one subjects. The following are considered objects of family legal relations:
The act is considered to be the most popular object, since it is based on conscious activity, for example, the decision to appoint the surname of the spouses after the wedding. Property is the right to freely dispose of property.
Marriage relationship
Of great importance in family law is marriage, which involves a legal relationship between two people. Family law does not include the concept of “marriage”. But based on the information of the RF IC, they appear in the form of a voluntary decision to create a family. In this case, the spouses are equal.
Modern spouses often conclude a marriage contract, which is considered a guarantee of the fulfillment of rights and obligations. The document contains all the desired items. When divorcing, the terms of the contract are taken into account.
The union between two people is officially registered, because of which between them there should be not only personal relationships, but also material obligations. Such legal relations appear under the following conditions:
- the opposite of sexes;
- mutual agreement;
- execution of 18 years;
- if there are no obstacles: incapacity, close relatives, unformed divorce.
In family law, marriage begins with registration at the registry office. The law does not regulate civil marriage. It is with his conclusion that a real family is formed.