More and more often the population is wondering who, under the law, is a close relative. There are many reasons for this. For example, with close kinship, you can inherit and not pay taxes. Or, in protecting their own interests, the opinions of distant relatives are usually not taken into account. For legislation, family relationships themselves play an important role. That is why you should pay attention to it.
Kinship is ...
To begin with, it is recommended to understand what is called kinship. By law, this is a relationship associated with the presence of a common or common ancestor among citizens. Also, kinship is called the relationship between people that arose as a result of marriage or other relationships related to relationships. For example, during adoption.
It follows that kinship can be blood and acquired (indirect). To distinguish these types of relationships should be able to each person. The fullness of citizens is not so important for the law.
Different kinship
Blood relatives are people who have one or more common ancestors. Accordingly, this includes children, grandchildren, brothers, sisters, grandparents, aunts and uncles and so on.
There is, as has already been said, an acquired kinship. It arises as a result of some legally significant actions. This may include recognition of paternity / motherhood, marriage or adoption.
In Russia there is such a thing as an incomplete relationship. Along with it there is a full-bodied. What it is? In the first case, citizens have one common ancestor, in the second - several. For example, children from the same mother but different fathers are half brothers and sisters. A close relative is legally recognized without taking into account fullness. But they still mention her.
Close relationship
Who is considered a close relative? The question is quite difficult. Indeed, a person has a lot of family ties. Therefore, at the legislative level, kinship is also regulated. This is done in order to make it convenient to take into account the interests of only close and important people in certain events.
Who is considered by law a close relative? According to the rules established in Russia today, these people are referred (by blood):
- children
- parents
- grandmothers;
- grandfathers;
- brothers
- sisters.
It's all. All the rest are relatives. And nothing more. And distant. As a close relationship, relationships with other family members are not considered.
Spouses
It is worth paying attention to the fact that there are no spouses in the previously listed list. It is clear who under the law is a close relative. And who are the spouses for each other?
They have an indirect relationship. They receive communication and form a family only as a result of a legal operation. Namely, weddings. Relations between a wife and a husband are not considered related, but intrinsic. This is important to understand.
Other relatives
What's next? The fact is that kinship issues are actually extremely important. It is clear who is close relatives, who each other spouses. And who are the relatives on the part of the husband or wife to the spouse or spouse, respectively?
From a legal point of view, these are also peculiar. These include:
- parents of wife / husband;
- siblings;
- son-in-law / daughter-in-law.
Nevertheless, most often the relatives of a husband or wife are simply acquired relatives. But the grandmother and grandson are close to each other people. As a rule, we are talking only about the parents of the mother and father of the child. All this should be remembered by every citizen.
What are eligible
The next nuance is what close relatives are legally entitled to. They have more rights in Russia than other relatives. And this fact will have to be taken into account. Why? Because if you violate the established legislation, the violator may have problems.
A close relative in law can count on the following privileges:
- inheritance;
- refusal to testify in court against a loved one;
- no gift tax;
- get leave at the death of a loved one.
The rights do not end there. For example, grandmother and grandson have the right to communicate with each other. But only if it does not harm the health and life of the child. Parents can not restrict grandparents in communicating with their grandchildren, along with this they are allowed to protect the interests of their own baby. Therefore, kinship issues are crucial in some situations.
Article 14 of the RF CC
Special attention should be paid to Art. 14 of the Family Code of the Russian Federation. Why? It indicates the conditions under which marriage cannot be concluded. This is extremely important for the emergence of certain relationships.
According to this article, the conditions that impede the conclusion of a marriage union between citizens are the following points:
- The presence of a marriage that has not been divorced before.
- Close relationship. It doesn’t matter if it is full or not.
- Registration of relations between adoptive parents and adopted children.
- Disability of one of the future spouses or the presence of his / her mental disorder.
That is why it is important to know who under the law is a close relative. But what other features should every citizen pay attention to?
About inheritance
For example, the order of inheritance. Here, kinship also plays a very important role. The concept of "close relatives" for inheritance under the law is extremely important. If the persons are mentioned in the will, then there are no problems. And what about the order of succession under the law?
The established rules indicate that:
- children, grandchildren, spouses, parents are the heirs of the first stage;
- grandfather, brothers, sisters, grandmothers, nephews - 2nd stage of inheritance;
- aunts and uncles, as well as cousins and brothers - 3rd line;
- great-grandfathers and great-grandmothers - the 4th stage.
These are the main stages of inheritance. More detailed information on this feature is contained in the Civil Code of the Russian Federation. It indicates 7 levels of kinship and inheritance, respectively.
Summary
Now it’s clear who, under the law, is a close relative. In fact, issues related to kinship play a huge role in the life of every person. Especially when it comes to close relationship.
Most often in practice, people are considered close relatives by grandparents, parents, grandchildren, children, father-in-law, father-in-law. Only at the legislative level is this enshrined in a slightly different way.
In fact, kinship is an integral and important part of people's lives. Every citizen should know about him so that no problems arise in the future. By the way, when writing a will, you will have to indicate the spouses in it. After all, they, as already mentioned, are not close relatives.
Another caveat - blood relatives can not be ex. And all the rest are quite. Therefore, some relationships can be legally terminated with kinship.