Many citizens are questioned by the so-called legal facts in family law. Without them, it is impossible to imagine the country's family law . And every citizen should remember this. It is worth paying attention to the fact that without the mentioned components there will be no responsibility and communication between people. Family law indicates situations that may arise in the life of every citizen. Depending on the facts of a legal type, liability will arise. Or there may come a complete cessation of a relationship. So what does a citizen need to know? What legal facts do family law have? What do they affect? How are they proven? All this will help to understand the established legislation of Russia in full.
Definition of a legal fact
First of all, you have to understand what kind of term is involved. After all, not everyone realizes what they are dealing with. A legal fact is something that affects a relationship. They entail some legal consequences.
In other words, this term describes what really happens in life, is proved, and also has an impact on human life. Moreover, the event should take place not only by the will of people. And be relevant to the law. What is it about? There is a special classification of legal facts in the family law of the country. What should I look for? What in general should the population know about this feature?
Definition of a fact in family law
It is worth paying attention to the fact that there is a definition of a fact of a legal nature in family law. What it is?
A legal fact is an event that actually happened, which entails a change, establishment, termination of family relationships in one way or another.
In other words, something significant for family law in the country. But what facts are we talking about? What is meant by them? What constituents of facts can be distinguished? About all this - further. In fact, everything is much simpler than it seems. Many do not suspect that they are dealing with legal facts in family law. So what are we talking about?
Signs of fact
Before considering the generally accepted classification in Russia, it will be necessary to understand by what grounds facts of legal significance are distinguished. Otherwise, it will not be possible to figure out whether this or that action is important.
So, there are common signs of a legal fact. These include:
- existence independent of human consciousness;
- the phenomenon occurred in reality - it lasts at a certain moment and for some time;
- facts, as has already been said, entail a change, the primary occurrence or termination of certain legal relations.
But there are also signs that are inherent only in family law. About them has already been said. Facts of a legal type in family law are distinguished by the following criteria:
- they are included in the norms of the established family legislation of the Russian Federation;
- usually a whole range of actions that entail consequences;
- often facts are a characteristic of the state of citizens;
- long duration;
- may act as a lever for changing, arising or terminating family rights;
- legal facts in family law usually emphasize the significance of the timing of the phenomena.
Now that it is clear how one or another fact can be determined, one can look at the proposed classification. What should every law-abiding citizen know? What can be legal type facts in Russian family law?
Classification
In fact, everything is simple. The thing is that the classification of legal facts in family law is not too voluminous. And you can understand it without any special knowledge or work.
To date, the following components are distinguished among the facts:
- by volitional grounds;
- by duration;
- on the consequences of the legal type.
It is this classification of legal facts in family law that exists in Russia. The whole population draws attention to it. But what is included in each of the components? How to highlight a particular type of fact?
Strong-willed sign
It is worth considering each component individually. The first class is a separation according to the willful sign. Events and actions are highlighted here. This is extremely important. And to understand how actions differ from events, every person should, and not just a lawyer or lawyer.
Under the action is usually meant a chain of consciously committed real life factors. In other words, a consequence of the conscious activity of a citizen. It can be both lawful and unlawful.
Events are legal facts that matter and occur against the will of the people. Among them, there are 2 types:
- absolute - the will of people does not affect the course of action;
- relative - events that occurred as a result of the influence of citizens.
Duration of existence
What other types of legal facts in family law can be distinguished? The next category is a classification by the duration of the existence of certain facts. Here, as in the past case, only 2 types take place. Namely:
- Short term. These are facts that last a short period of time, but have legal consequences. Or one-time significant actions. For example, death, birth, divorce.
- Long lasting. Prolonged are facts that exist for a long time. From time to time, they give rise to legal consequences or their change. Most often, such legal facts are highlighted in family law as marriage and kinship.
This is the entire classification by duration. There is nothing difficult to understand in this. But there are other types of facts of a legal nature in family law. What should I look for? What constituents still stand out?
Effects
It has already been said what legal facts are in family law. Their classification is also given earlier. It distinguishes such a clause as classification by legal consequences. What it is? What types of facts can be identified in this area?
Perhaps this is the most extensive type of separation. Indeed, unlike all previous cases, 5 components are distinguished here. Namely:
- Right-handed facts. These are those that entail certain consequences. Or rather, the emergence of family relationships. For example, the birth of a baby or a wedding.
- Legal Changes. These facts are called that at the legislative level changes the existing legal relations in family law. Say, a change in a marriage contract regarding the division of jointly acquired property.
- Right-ending. Facts that entail the termination of family relationships. The terminating category may include, for example, the death of a husband / wife.
- Right-handed. Facts that hinder the development of certain legal relations in the family in accordance with the will of a person involved in actions and events. For example, a ban on divorce from a pregnant wife in men.
- Legal restoration. These are facts, the onset of which under the law entails the restoration of certain family rights. For example, restoration of parental rights.
Accordingly, this is all the basic information that everyone should be familiar with. There is no more classification. But this is not all that a citizen should know about legal facts in family law. What should I look for?
The subjects of legal relations
For example, on what are the subjects of legal relations in the field of family law. Who is distinguished in family law as participants? It:
- spouses
- children (including adopted);
- parents / adoptive parents;
- Grandmothers and grandfathers;
- grandchildren and granddaughters;
- great-grandchildren and great-granddaughters;
- great-grandfathers and great-grandmothers;
- brothers and sisters (relatives), stepsons, stepdaughters;
- stepmothers and stepfathers.
Accordingly, all other blood relatives are not subjects of legal relations in the family. This should be taken into account by every citizen. Accordingly, neither law-changing legal facts in family law, nor any others have a place in relation to other relatives.
Kinship
From the foregoing, it follows that the so-called kinship plays a huge role. This is the main link in family law. You cannot imagine a family without him.
Kinship as a legal fact in family law is characterized by the connection of several people, which is based on the origin of people from common ancestors. There are two types of kinship in total. Namely - direct and lateral.
Of course, the most important is direct kinship. It is characterized by the origin of a citizen from another person. Allocate a descending relationship and an ascending. The first case is the consideration of the family from ancestors to descendants (parents, then children, then grandchildren, great-grandchildren, and so on). The second - from descendants to ancestors (great-grandchildren, grandchildren, children and so on).
Lateral kinship is when different persons come from the same ancestor. For example, siblings and brothers. They are united by common parents. Or one of them. There is a full relationship - when children are born from common parents. That is, the brother and sister have the same mom and dad. And there is an incomplete relationship. These are situations in which children are born from only one common parent. A very common phenomenon in Russia.
Kinship as a special legal fact of family law plays a fundamental role. It is worth noting that with lateral kinship, full and half children have the same rights. Particular importance is attached to the so-called degree of kinship.
Relation degree
But what is it? The degree of kinship is the number of births that preceded the kinship of two people. The exception is the birth of a common ancestor.
Legal significance is attached only, as has been said, to close kinship. Usually it is concurrently straight and lateral at the same time. In the first case, only the first two steps are taken into account. The first is parents and children, the second is grandparents and grandchildren. The lateral degree of kinship involves the participation of only brothers and sisters, regardless of fullness. Accordingly, it is these citizens who can be considered close relatives.
In family law, only the right to communicate with all relatives goes beyond the framework of close kinship. And other relatives to contact with the child. Otherwise, distant relatives are not participants in legal facts and kinship.
Summary
Perhaps this is all that citizens should know about the topic being studied. Now we understand the features of legal facts in family law. How their classification is carried out is also not a secret.
In fact, there are a lot of direct actions that affect family relations in the legal sense. Among them, mainly distinguish:
- birth;
- death;
- a wedding;
- divorce;
- conclusion of a marriage contract;
- change of marriage contract;
- deprivation and restoration of parental rights.
But this is not an exhaustive list. In fact, almost any action within the family that is associated with the law and entails certain consequences has legal significance. In order to know exactly how an event will affect the cell of society, it is recommended to study the Family Code of the Russian Federation. Now it is clear what are the legal facts in family law and their types.