Husband and wife are relatives or not? It is this issue that we have to study further. Russian legislation in this area has many questions and nuances. If you learn about them, you can avoid a huge number of problems. So are spouses related to each other?
Blood relations
The answer is actually not as simple as it seems. It all depends on the situation and on how to understand the direct relationship.
From a biological point of view, spouses are not relatives. They are two separate independent individuals who produce offspring. Are relatives husband and wife? Not. They have no blood relationship.
By the way, marriages between close relatives are prohibited in Russia. Therefore, even from the point of view of legislation, spouses cannot have a common kin. Otherwise, the marriage will not be concluded in the registry office.
Civil marriage
Is a wife a relative of her husband by law? As a rule, they do not talk about biological kinship in the legislation of the Russian Federation. Can spouses be legally related to each other?
No, when it comes to living in a civil marriage. More specifically, about cohabitation - when a couple lives together, leads a common life, sometimes even has children, but at the same time their relationship is not formalized in the registry office.
Accordingly, the spouse in such a marriage will lose many rights offered by the state to official husbands and wives. But more on that later. To begin with, it remains to be seen whether married persons can be considered relatives.
Official relationship
Husband and wife are relatives or not? If the joint life is fixed by registration in the registry office, then so-called family relations arise between people. From the moment of marriage, spouses are considered members of the same family.
In part, they can be called relatives. Nevertheless, some branches of Russian law place spouses in a separate category. Thus, husband and wife are members of the same family. This fact should be remembered by every citizen.
Criminal and Civil Law
Now a little about what specifically the legislation of the Russian Federation states regarding kinship between spouses. In criminal law, the concepts of “spouse” and “close relatives” exist. So, against these categories of citizens can not give evidence. Close relatives usually include parents, grandchildren, grandparents, brothers and sisters. Spouses, as is easy to see, belong to a different category of citizens. Is the husband a relative of the wife? Under criminal law - no. A spouse is a member of a new family created by registering a relationship between a man and a woman in a registry office.
Similarly, you can distinguish spouses in a separate category in civil law. Upon the arrest of all close relatives, they are obliged to notify of this event. And that is why questions arise regarding the relationship of spouses. After all, a citizen can have only family members, not relatives. In this case, husbands and wives can be interpreted as close relatives.
Tax law
In Russia, certain tax benefits are provided for citizens conducting certain operations with close relatives. So, for example, you can count on:
- transaction tax exemption;
- lack of need to pay tax fees;
- transfer of inheritance and gifts without additional costs.
Are husband and wife legal relatives in this area? Yes.The term "close relatives" in tax law is understood to mean not only brothers, sisters, grandparents, grandfathers, grandchildren and parents, but also spouses.
Housing Code
But in the Housing Law there is no concept of kinship as such. Instead, the term "family member" is used. Husband and wife are relatives or not? In Housing Law, spouses are members of the same family. Therefore, we can assume some kind of kinship, fixed not by blood, but by a legal document.
It is also customary to include parents of spouses and children as family members, especially if they all live together. If a third party settles with blood relatives, it will automatically be recognized as a family member, despite the absence of a real relationship.
Labor Code
A very mixed picture is emerging in the field of labor legislation. Is a wife a close relative of her husband? It’s hard to answer. This, as practice shows, each employer decides independently.
In the labor legislation of the Russian Federation, close relatives are prohibited from working in the same municipal institutions, especially in subordination to each other. Also, when accepting a citizen for public service, they will check the availability of a criminal record for all close relatives.
In fact, in some companies, spouses are not considered close relatives. They work quietly together. When hiring a government organization, the husband / wife is likely to be checked for a criminal record. Therefore, we can conclude that the Labor Code of the Russian Federation does not give an exact definition of the relationship of spouses.
Hereditary affairs
Are husband and wife relatives by law? Based on the foregoing, we can conclude that, in general, spouses are related to each other, although not blood. Only in some cases will a husband / wife belong to a separate category of family members.
In hereditary matters, kinship plays an important role. Especially if property is transferred to citizens without a will. In hereditary matters there are several lines of kinship. If there is no will, then the property is divided by law. And here the degree of relationship with a citizen plays a role.
Husband and wife are relatives or not? If we talk about inheritance matters, then the spouses are one of the main heirs. They, like children, are those who receive the inheritance in the first place. So, the wife and husband are relatives to each other.
The medicine
What about medicine? The fact is that medical organizations have a certain internal routine. So, for example, they can not disclose information about the health status of patients to third parties. And only close relatives can visit seriously ill patients.
In this situation, the presence of a registered marriage plays a huge role. Official husband and wife in medicine are considered relatives. In a civil marriage, there is no kinship as such. Medical institutions treat common wives and husbands as strangers.
Summary
Based on the foregoing, we can conclude that the topic under study in Russian law does not have an unambiguous interpretation. Husband and wife are relatives or not? It all depends on the circumstances and the scope of the legislation / human life.
Husbands and wives are 100% members of the same family and spouse. Some believe that they become relatives to each other at the time of marriage. Someone expresses the opinion that spouses receive the status of relatives after the birth of common children.
Most often husbands and wives are considered as relatives, but not blood ones. Former spouses are former relatives, but nothing more. Often they are not considered at all as close people.
Close relatives are most often parents, brothers, sisters, wives, husbands, granddaughters, grandchildren, grandfathers, grandmothers, children. Usually, the latter are understood not only as relatives, but also as adopted children. All this must be noted. Especially with hereditary disputes.Close relatives and spouses in Russia are almost the same thing. Therefore, we can confidently say that husbands and wives in official marriage have quite a few rights and opportunities.