Today, family law is used to regulate relations within the family, as well as property and non-property personal relationships between citizens who are married or closely related, the subject and method of legal regulation of which are discussed in detail in this article. In addition, a vivid description is given of other aspects: factors, principles, sources of family law, and so on.
The essence of family law
This category is a separate aspect of civil law, the rules of which fully regulate family-type relations or property and non-property relationships of a personal nature between citizens who are married or are close relatives. It would also be appropriate to include adoption, guardianship and guardianship of minors, as well as the adoption of children in the family with the aim of educating and providing them with all the conditions for decent life and development. Thus, the concept, subject and method of family law imply the solution of the following tasks: absolute protection of the institution of the family, as well as motherhood, fatherhood and, of course, childhood.
It is important to note that in the family institution, in addition to relations of a non-property nature, which include love, marriage, trust, respect, affection, and other mostly abstract categories, there are also connections in terms of performing specific operations with property. For example, young spouses have a common property, an obligation to provide for the family and, in particular, their own children. Practical studies have shown that the discrepancy in relations of a non - property type gives rise to a negative connotation of property relationships.
The subject and method of family law
The complex of the relations discussed above forms the subject of the considered branch of law, which is considered independent. These include the following components:
- The conclusion and termination of marriage.
- Fundamental rights and obligations of each spouse.
- Fundamental rights and responsibilities of children and parents.
- Obligations of one of the parties to pay alimony.
- Forms of the educational process appropriate for children who are left without parental care.
- Considering marriage as fictitious.
- Deprivation of rights to paternity (motherhood).
- The use of Russian legislation in relation to families with the participation of citizens of foreign states or stateless persons.
The subject of family law, the method of regulating family relations, is a complex that includes the methods by which legal norms can influence family-type social relations. It is permissible and imperative, which implies the absolute equality of the parties in legal terms, autonomy with respect to the will of the participants in legal relations, strengthening the dispositive nature of legal regulation, as well as situational control.
Family law system
As noted above, family law (the subject, method, sources are described in the article) refers to a private system , which is equivalent to a set of rules that regulate the social type of relationships that make up the subject of this category. It is important to note that the system has a classification that involves its division into two main parts: general and special. The first section contains the basic rules (main terms, rights and obligations, measures of responsibility, principles regarding functioning). These norms have a general purpose, therefore, apply to all institutions of a special section. This should also include the tasks of the industry, as well as its sources.
A special part of the structure contains norms that regulate similar complexes of social interactions, united in institutions. Thus, it is advisable to distinguish between the categories of rights and obligations of spouses, marriage, prenuptial agreements, forms of the educational process in relation to children, as well as alimentary obligations and factors in the application of civil law to family-type relations.
Fundamental Principles of Family Law
The subject and method of family law involve the management of relevant principles that are determined by the results of the regulation of family-type relations. So, the following points inherent in the industry in question should be highlighted:
- The principle of recognition is only a marriage concluded in the registry office. Thus, marriages formed on the basis of religious or church motives are considered invalid.
- The principle of voluntariness, which implies the creation of a family by mutual agreement of the parties. The choice of a spouse is carried out in accordance with the personal views of a particular person.
- The principle of resolving any disputes within the family by joint efforts, which requires premature coordination of family issues, among which the main are the goals and features of spending the budget, as well as methods of raising children.
- The principle of equality of parties involving spouses having identical rights.
- The principle of priority of the educational process in relation to children, due to the consolidation in the Family Code of the right of the child to development in the family.
- The principle of priority of the interests of family members who are not able to carry out labor activities.
- The principle of equal rights of citizens, excluding the dependence of rights on marital status, profession, age and other circumstances.
Sources of Family Law
The concept, subject, method, principles of family law are formed on the basis of fundamental facts enshrined in relevant sources. These legal norms are designed to regulate social relationships arising from the creation of a family or other situations described above. It is important to note that sources are graded into a number of groups that also have their own classification. It would be advisable to consider the fundamental sources of family law on the example of Russia. It:
- Constitution of the Russian Federation.
- Family Code of the Russian Federation.
- Civil Code of the Russian Federation.
- Code of Civil Procedure of the Russian Federation ;.
- Labor Code of the Russian Federation.
- Housing Code of the Russian Soviet Federative Socialist Republic.
- The Criminal Code of the Russian Federation.
- The Code of Criminal Procedure of the Russian Federation.
- Federal laws of the Russian Federation.
- Normative acts of a sub- type.
- Decrees and orders of the President of the Russian Federation.
- Decisions and orders of the government of the Russian Federation.
- Orders, instructions of ministries, committees and other departments.
- Treaties of an international character.
Family Law Standards
The subject and method of family law are formed, as noted, using sources, and hence the norms of family law, which, of course, significantly affect relations within the family. These norms are contained in legislative acts, among which the Family Code occupies an important position. It is important to note that they are primarily aimed at strengthening the institution of the family. So, thanks to legal norms, relations are formed that exclude the violation of individual rights and freedoms. Moreover, the adequate functioning of the family is fully ensured, as well as the protection of the interests of each of its members. Legal norms serve as the main assistants for citizens regarding the unhindered exercise of constitutional rights and preventing outsiders from interfering in family affairs, which allows the institution to not only function normally, but also to flourish. In addition, through the application of specific norms, motherhood and childhood, the disabled and foster children are supported, because any social assistance, as is known, is carried out through the adoption of certain norms.
Dates in Family Law
The subject, method, principles of family law are implemented only in accordance with certain deadlines. They relate to a group of lasting and are not determined by the time frame. Nevertheless, there are cases when the termination, formation or adjustment of rights and obligations depends on specific time periods agreed in advance. The term refers to a specific period of time, the expiration or occurrence of which speaks of certain consequences. It is a legal fact only because it fully affects the occurrence of consequences in accordance with legal norms. This fact refers to those independent of human will (because time also has nothing to do with human desires). It is important to note that one of the differences between family law and civil law is the exclusion of the institution of terms, and this despite the fact that both sectors are equally related to the private law system.
Dates in family law have their own classification. So, preventive or those during which the existence of certain rights, for example, the right to receive child support right up to adulthood, are very common. In the system under consideration, there is such a thing as trial periods, which should include marriage registration only a month after submitting an application to the registry office.
Exercise of family rights
If you conclude in one set the concept, subject and method of family law, you can determine the main areas of implementation of the rights regulated in the Family Code. It is important to note that every citizen has the right to decide how to dispose of what is allowed. For example, disabled parents, who, of course, need help, can receive or refuse child support from adult children. Of course, the decision most often turns out to be negative, because loving children one way or another will fully support their disabled father and mother. The Family Code defines that rights are mandatory protected by law. The exception is those that are carried out in conflict with their direct purpose. But the rights corresponding to their purpose are realized in order to strengthen the family, ensure decent parenting, create favorable conditions for the absolute development of each member of this institution, and so on.
Family Rights Protection
The subject and method of regulating family law discussed above fully substantiate the measures taken by state bodies to protect the rights of each member of the family, which can take place in an administrative and judicial manner. The latter option is the central way of protection, because only by a court decision is absolute deprivation or restriction of the rights to paternity (motherhood), adoption canceled, divorce (if the family has a child under the age of majority) or its invalidity, recovery of maintenance obligations for children (from one of the spouses in the event of a divorce), a needy spouse who is not able to carry out labor activities, or other family members. It is important to note that the collection of alimony is appropriate only in the case of exclusion of agreement between the parties. The judicial authorities that provide legal protection for the family include general courts of jurisdiction - district people's courts (or city). In addition, some justices of the peace can be tried by justices of the peace, but this does not include issues of contesting or establishing paternity, depriving parents of their rights or adopting a child.
International Family Law
The complexity of the procedure for marriage with foreigners and further life activities, which takes place in modern times, fully argues the advisability of applying not only the norms of domestic law, but also the standards of a certain foreign country. So, international family law (the subject and method of family law are briefly discussed above) includes a number of institutions:
- Registration of marriage between Russian citizens permanently residing in another state.
- Registration of marriage with a citizen of another state.
- Collection of alimony from citizens of a foreign country.
- Recognition of marriage invalid.
- Divorce against a foreign citizen and a citizen of the Russian Federation.
- Problems regarding property, marriage with a foreigner and so on.
It is important to note that Russian citizens residing abroad have the right to apply to consulates and diplomatic missions on absolutely any issues relating to marriage of the type in question.
Features of international family law
It is important to note that the subject and method of family law with regard to international interaction has a slightly different focus. So, if the spouses live outside Russia, but only one of them is a foreign citizen, divorce is possible even in Russia. In this case, the application of Russian family law and its relevant aspects will be appropriate. But the recognition of a divorce by a court of the Russian Federation in another state is considered according to local law, as well as on the basis of international agreements. In addition, the Family Code of Russia contains a provision on the possibility of dissolution of such a marriage outside of Russia, provided that it is carried out in full accordance with foreign law, and the rights of spouses are unconditionally respected. It should be noted that a person who recently divorced a foreign state can freely marry or get married in the territory of the Russian Federation.
Modern problems of family law
As it turned out, the subject, method, family law system is very multidimensional and ambiguous. The fact is that this category can be considered not only as a science, but also as a branch of legislation. Nevertheless, the main connecting link are identical goals that must be achieved in the process of their application. This is the protection of the rights of each member of the family, the regulation of family relations, the protection of the rights of the child and the competent formation of a balance between the interests of the individual, family and society as a whole. The problem is that the goals are defined for family law only as for science, but not in the legislative sense. So, the elimination of this gap would be highly appropriate. In addition, at present, there is a significant need to strengthen family law, because without the proper enrichment of the scientific base, it simply will not be able to fulfill its functions. Today, general theory and family law exist separately from each other, but their interaction will certainly lead to a successful result and a significant strengthening of the institution of the family.