Kinship, property and their legal significance are important parts of family law, which are more studied and understood. It is blood relations, that is, the cell of society, too, for this type of law is an important object. In the legal sense, this is an association of persons, which involves the development and observance of the rights and obligations associated with the institution of family, marriage.
Signs of kinship
Kinship implies a blood connection between two people. One object can be born from another, or both can be descended from a common parent. Depending on this relationship, they already divide kinship into species. It becomes clear that it is assumed that there are precisely two people connected by blood ties. A large number of other relatives is no longer an area of definition of kinship. This specificity is important specifically for family law, as it helps to distinguish between specific subjects of such relations, and also determines the degree of closeness between them.
Already taking into account this definition, a general concept is being formed - kinship, property and their legal value.
Kinds of kinship
Kinship is divided into two main types - direct and lateral. Already the first concept has its branches in the form of descending kinship and ascending. Lateral includes incomplete and full-bodied.
Before you learn more about kinship and property in family law more extensively, it is important to define each type of kinship separately.
On the side and direct was the conversation in the previous paragraph. Such relationships in the first case involve kinship, for example, of two sons, and in the second - mother and child.
Ascending assumes relationships that begin from descendants and end with ancestors. Descending, on the contrary, from ancestors to descendants.
Accordingly, a complete relationship means the presence of one father and mother. Incomplete - the existence of only one common relative, father or mother.
There is a special subgroup in lateral relationship - these are stepbrothers or sisters. The children of the spouses are not common; they were born during the last union or marriage. In this case, they will not be important subjects of family law, since they are not vitally interconnected.
Degrees of kinship
In addition to the indicated division, kinship is also determined by degrees. The concept is formed due to the number of births, which are the link between two close ones. It is important that registration of the ancestor of these relatives is not necessary for family law. For example, a situation where a father has a son. For this event, only one birth occurred, respectively, and the degree will be first. If the birth of a child is already associated with his grandfather, then a second degree is formed between them, because it took not one, but two births.
Such relationships can greatly expand, which is sometimes difficult to calculate the degree of relationship. For this reason, relations of this type, when close kinship is formed, are of interest to family law. Thus, bias is done only on the first or second degree of kinship. These are, as already mentioned, grandmothers and grandchildren, brothers and sisters, fathers and children. Before learning about the relationship between the concepts of kinship and properties, it is necessary to study the legal meaning of the first concept.
What kind of kinship is of legal importance?
Very often you can meet the question of what kind of relationship has legal significance - biological or legal?
Despite the fact that relations between relatives exist only for a biological reason, their presence is determined by the relevant certificates or documents. Thus, it is fair to say that blood ties do not play a decisive role in jurisprudence if they are not supported by documentation. Only in such a case can one consider such kinship from the point of view of law, and not for the simple reason of having it as such. For example, if the father of the child is not biological, but the documents state that he is the actual parent, then that means they will be considered like that. No one will take into account the fact of the absence of blood ties.
Existing Views
Thus, we can say that there are only two points of view (regarding the right) to kinship. For example, in the first case, the connection between people is the reason for the emergence of related rights and obligations that must be performed by all participants in the relationship. Some, in truth, execute them differently, depending on the degree of proximity. In another embodiment, kinship exists as a reason to prohibit the emergence of family relationships (marriage) between subjects. Say, brother and sister cannot subsequently become husband and wife. And this is legally enshrined in article 14 of the Family Code of the Russian Federation.
Important information is that relatives with a close degree of kinship cannot become husband and wife. In other cases, for example, when an uncle wants to marry his niece, this is permissible. This happens because the degree of proximity is quite extensive. And already legally they will be presented not as relatives, but as spouses.
Kinship, property and their legal significance
A property is not a particularly significant concept for family law, as this definition is not considered in it. They talk about it only in general terms. Despite this, the property has a number of its definitions, which make it a unit of family law. For this reason, the concept of kinship, properties and their legal meaning. Both of these concepts are quite important in jurisprudence in certain circumstances.
The first definition assumes that the spouse and the next of kin of the other spouse create properties in the relationship. In the second case, the property is considered the relationship between the relatives of both spouses. In this case, the subjects are called father-in-law. It is important that they do not have blood ties between themselves, since special relations arose between them that would not have appeared without marriage.
When the marital relationship ends, then such a relationship comes to an end. Properties no longer exist in a particular situation. This is also spelled out in the Family Code of the Russian Federation.
The only lasting relationship occurs when a property arises between stepchildren and stepmothers or stepdaughters and stepfathers. In this case, it has legal significance, since at any time the stepson or stepdaughter can apply for child support (Article 97 of the UK).