Who by law is a close relative? Article 14 of the Family Code of the Russian Federation

More and more often the population thinks about who is a close relative under the legislation. There are many reasons for this. For example, with close kinship, you can inherit and not pay taxes. Or, in the protection of one's own interests, the opinion of distant relatives, as a rule, is not taken into account. For the legislation, family ties play an important role in themselves. That's why you should pay attention to it.

Relationship is ...

To begin with, it is recommended to understand what is called kinship. According to the law - this relationship is related to the presence of citizens of common or common ancestors. Also, kinship refers to the relationship between people that arose as a result of marriage or when other relationships related to relationships arise. For example, with adoption.

Hence it follows that kinship can be blood and acquired (indirect). Every person should be able to distinguish these types of relationships. For the law, the fullness of citizens is not so important.

Other kinship

Blood relatives are people who have one or more common ancestors. Accordingly, it can include children, grandchildren, brothers, sisters, grandmothers, grandfathers, aunts and uncles and so on.

There is, as already said, the acquired kinship. It occurs due to some legally significant actions. This includes the recognition of paternity / maternity, a wedding or adoption.

In Russia there is such a thing as an incomplete kinship. Along with it there is a full-fledged. What it is? In the first case, citizens have one common ancestor, in the second - several. For example, children from one mother, but different fathers, are inferior brothers and sisters. A close relative by law is recognized without taking into account the fullness. But they still mention it.

Close relationship

Who is considered a close relative? The question is rather difficult. After all, there are a lot of family connections. Therefore, at the legislative level, kinship is also regulated. This is done in order to conveniently take into account the interests of only close and important people in certain events.

Who is considered a close relative by law ? According to the rules established in Russia today, such people are referred to (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 noting that there are no spouses in the previously listed list. It is clear who by law is a close relative. And who are the spouses to each other?

Their relationship is indirect. They get in touch and form a family only because of the legal operation. Namely, the wedding. The relationship between the wife and the husband is considered not related, but inherent. This is important to understand.

Other relatives

What's next? The point is that kinship issues are in fact extremely important. It is clear who is close relatives, who each other spouses belong to. And who are the relatives of the husband or wife of the spouse or spouse, respectively?

From a legal point of view - this is also peculiar. They include:

• Parents of the wife / husband;
• Sibling brothers / sisters;
• Son-in-law / daughter-in-law.

Nevertheless, most often the relatives of a husband or wife are just an acquired kin. But my grandmother and grandson are people close to each other. As a rule, we are talking only about the parents of the mother and father of the child. All this must be remembered by every citizen.

What are they entitled to?

The next nuance is what law-abiding relatives have the right to. They have more rights in Russia than other relatives. And this fact must be taken into account. Why? Because in violation of the established legislation, the offender may have problems.

A close relative by law can expect the following benefits:

• Obtaining an inheritance;
• Refusal to testify in court in relation to a loved one;
• Absence of tax on gift;
• Get a vacation at the death of a loved one.

This right does not end there. For example, a grandmother and grandson are entitled 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 communication with their grandchildren, along with they are allowed to protect the interests of their own baby. Therefore, the relationship of kinship in some situations is extremely important.

Article 14 of the RF CC

Particular attention should be paid art. 14 of the Family Code of the Russian Federation. Why? It specifies the conditions under which marriage can not be concluded. This is extremely important for the emergence of various relationships.

According to this article, the following items are the conditions that prevent the conclusion of a marriage union between citizens:

1. Presence of a marriage that has not been dissolved before.
2. Close relationship. It does not matter whether it is full or not.
3. Registration of relations between adoptive parents and adopted children.
4. The incompetence of one of the future spouses or the presence of a mental disorder in him / her.

That is why it is important to know who is a close relative under the law. But what other features should pay attention to every citizen?

About inheritance

For example, the order of inheritance. Here, kinship also plays a very important role. The concept of "close relatives" for inheritance by law is extremely important. If persons are mentioned in the will, then there is no problem. And what about the succession of inheritance by law?

The established rules indicate that:

• Children, grandchildren, spouses, parents - are heirs of the 1st stage ;
• Grandfather, brothers, sisters, grandmothers, nephews - 2nd line of inheritance;
• Aunts and uncles, as well as cousins and brothers - 3rd line;
• Great-grandfather and great-grandmother - 4 turn.

These are the main stages of inheritance. More detailed information about this feature is contained in the Civil Code of the Russian Federation. There are 7 levels of kinship and inheritance, respectively.

Results

Now it is clear who by law is a close relative. In fact, issues related to kinship play a huge role in the life of each person. Especially when it comes to close kinship.

Most often in practice, people close relatives consider grandmothers, grandfathers, parents, grandchildren, children, father-in-law, mother-in-law. Only at the legislative level this is fixed somewhat differently.

In fact, kinship is an integral and important part of people's lives. Every citizen should know about it, so that in the future there are no problems. By the way, when writing a will, you will have to indicate in it the spouses. After all, they, as already said, are not close relatives.

Another nuance - blood relatives can not be former. And all the others are quite. Therefore, some relationships can be legally terminated with kinship.