LawState and Law

Definition, concept, structure and types of family relations

The family is considered the main social unit of society. Its members have in relation to each other the rights and duties that are prescribed in the laws of the country. Family relationships are called personal or property relations that arise between people. This cell includes spouses, children, grandmothers, grandfathers. There are different types of family legal relationships that allow you to regulate a wide range of activities.

Symptoms

The concept and types of family legal relationships make it possible to determine the characteristics of the main unit of society:

  • Relations are socially important;
  • Appear between specific people;
  • Are based on rights and duties;
  • Have a legal significance;
  • Are created by the will of the participants;
  • Are based on state coercion.

It is 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:

  • Continuation of the family;
  • Upbringing;
  • Economic and economic;
  • support;
  • Communication.

From the birth of a person needs a family, since it helps him cope with all the difficulties. Strong relationships help everywhere. Of great importance is support, which is why the creation of a family is valued.

Features

The peculiarities of such legal relations include:

  • Subjects are citizens: spouses, children, other family members.
  • Associate close people.
  • Participants are individualized.
  • Rights and duties are interrelated.
  • They are considered personal, and then property.
  • Have a personal-trusting nature.

Types of relations

Each participant of the family law performs its functions. That is why there are certain relations between them. Types of family legal relationships are as follows:

  • Personal or non-property: the decision on marriage, its termination, family life issues, choice of surnames, upbringing and education of children:
  • Property: the payment of alimony, the division of property.

The main ones are personal relations. It is on them that the norms that regulate property matters are based. This is the basis of family legal relations. The concept, types, subjects and objects - all this forms an important part of the cell.

Parental legal relations are to solve the issues of education, upbringing, keeping children. This duty is assigned to both spouses. And everything must be done in a coordinated way. Grandparents only help in this matter.

If we consider the specifics of the content, then the types of family legal relationships are marital and parental. Both categories have rights and responsibilities in relation to each other. On the basis of the subjective composition of the relationship there are:

  • Complex: if there are three participants;
  • Simple: between the two.

Types of family legal relationships can be one-sided and two-sided. And on individualization, they are divided into relative and absolute. On these principles, the life of the family is built.

Who are the subjects?

In the family law there is a term "subjects". They include spouses, parents, children, brothers, sisters, grandfathers, grandmothers. They are also foster children and parents. The family is considered an independent subject. All participants have rights and responsibilities.

All types of subjects of family legal relations perform a certain function. Parents should take care of young children, and when they grow up, they take care of the older generation. If all fulfill their role, then the family is harmonious.

What does the content include?

The structure and types of family legal relations include the rights and duties of family members. This is recorded in the legislative documents. In this sphere, there are such concepts as legal capacity, capacity.

Family legal capacity is called the opportunity to enjoy rights and responsibilities. It appears with birth, its volume can change with age. For example, many rights appear from adulthood.

Family capacity is called the ability to acquire and fulfill rights and responsibilities. It is not considered a prerequisite for the emergence of family legal relationships. Many of them arise without the will of participants, for example, the relationship between parents and children. The law does not specify the age when absolute capacity appears. Usually this occurs with legal capacity.

The acquisition of legal capacity does not always lead to the emergence of family capacity. The Civil Code of the Russian Federation states that under emancipation a minor becomes legally capable. Only the court can remove it.

What is the object?

In the family law there are not only subjects. Objects of family legal relations are:

  • Acts;
  • Material wealth.

The most popular object is an act, because it is based on conscious activity, for example, the decision on the appointment of the family name after the wedding. Property is the right to freely dispose of property.

Marriage relationship

Important in family law is marriage, which involves a legal relationship between two people. Family law does not include the concept of "marriage relations". But on the basis of the information of the RF SC they appear as a voluntary decision to create a family. In this case, the spouses are equal.

Modern spouses often enter into a marriage contract, which is considered a guarantee of the fulfillment of rights and obligations. The document enters all the desired items. Divorce takes into account the terms of the contract.

The union between two people is officially registered, because of which there should be not only personal relations between them, but also material obligations. Such legal relations appear under the following conditions:

  • The opposite of the sexes;
  • mutual agreement;
  • The performance is 18 years;
  • If there are no obstacles: incapacity, close relatives, unregistered divorce.

In family law, marriage begins with registration in the registry office. Legislation does not regulate civil marriage. It is with his conclusion that a real family is formed.

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