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Basic principles of family law

The subject, method, principles of family law are regulated by relevant legislation. Its provisions relate to relationships that arise both directly in the process of married life, and before marriage. Next, we consider in detail the functions, content, object, goals and principles of family law. family law principles

General information

The principles and sources of family law act as the foundation for marriage. In accordance with them, the procedure and conditions for concluding an alliance, breaking ties and invalidating them are established. The principles of family law determine property and personal relationships between spouses, children and parents (adopted and guardians). On their basis, the order and forms of the device of children who are left without parental care are established. The principles of family law have their own characteristics. They, unlike others, are most consistent with international standards, ensuring the preservation and protection of human rights from its very birth.

Functions

The tasks and principles of family law are aimed at strengthening the marriage institution. One of their most important functions is the provision of comprehensive assistance in building marital relations. At the same time, they are the basic concepts in accordance with which the possibility of judicial protection and the unhindered exercise of freedoms within the framework of the created marital union is established.

Used concepts

Before considering in detail the principles of Russian family law, it is necessary to disclose a number of basic definitions. First of all, you should start with the very concept of this industry. Family law is defined as the sphere within which the regulation of property and personal relations between citizens proceeding from marriage, adoption for upbringing (adoption) and the birth of children is carried out.

Similar interactions arise on the basis of several facts. All of them relate to marriage: conclusion, termination, invalidation. There is no fixed concept of family in the legislation. However, science has developed a general theoretical definition.

Legal and sociological are recognized as basic. In accordance with the latter, a family is understood as an association of persons based on kinship, marriage, and the adoption of children for upbringing. It is distinguished by a commonality of interests and life, mutual care and guardianship. According to the legal definition, a family is an association of citizens usually living together who are bound by mutual obligations and rights. They come from kinship, marriage, adoption, or another form of placement of children. Undoubtedly, these definitions cannot be considered universal. However, they sufficiently reveal the essence of concepts.

Basic principles of family law

They act as guidelines in the field of relations under consideration. The basic principles of family law determine the essence of the entire industry. They are universally binding in view of their legal consolidation. The principles of family law include the provisions enshrined in Art. 1 SK. Some of them are legally related to other provisions of the code. The following principles of the family law of the Russian Federation are established in the legislation:

  • Recognition of marriage, which is concluded only in the registry office. This provision is determined in paragraph 2 of Art. 1 SK.
  • Voluntary marriage between a woman and a man. This principle allows you to choose a husband / wife at your own discretion. No third-party influence on the will of a man or woman is allowed in the course of resolving the issue of marriage.Mutual and voluntary consent are those principles of family law on which a healthy marital union is built.
  • Equality of wife and husband. This principle is interconnected with the provisions of Art. 19 of the Constitution. They define the concept of equality between women and men. Within the family, this is expressed in the fact that both the husband and the wife have the same rights when making decisions on all issues of married life. In particular, this applies to paternity, motherhood, education and parenting, the budget and so on. objectives and principles of family law
  • Settlement of disputes by mutual agreement. This principle is closely related to the above and is regulated by Art. 31, paragraph 2 of the UK.
  • The priority of children in the family. This provision is based on the Convention on the Rights of the Child, which recognizes him as an independent person. Due to its age, a child needs protection and support. As a party to the Convention, the Russian Federation has undertaken to bring existing legislation into line with the requirements, protecting children's freedoms.
  • Ensuring priority protection of the interests and rights of family members who are disabled. The SC contains rules that ensure the implementation of this provision. These include, in particular, the following responsibilities: Art. 80 - parents to support minor children; Art. 87 - an adult child to support parents; Art. 89-90 - spouses support each other, as well as the right to receive child support after termination of marriage; Art. 93-98 - other maintenance obligations (of other members of the union).

subject method family law principles

Governmental support

It is provided for in Articles 7 and 38 of the Constitution, as well as Art. 1 (p. 1) SK. State compulsory support for family, childhood, fatherhood and motherhood complies with international human rights standards. Art. 4 of the Federal Law, the provisions of which establish guarantees for the rights of the child in the camp, determine the direction of government policy in the field of preserving and protecting the interests of children.

Industry Content

The principles of family law act as the foundation for building relationships related to marriage. This means that the industry as a whole does not regulate the union itself, but the connections and interactions that exist within it. Thus, the subject of family law is the sphere of relations between members of this unit of society. Their regulation is carried out through the norms of current legislation, equating marriage to kinship.

The principles of family law form the scope, prerequisites for the emergence, termination and change of opportunities and responsibilities of all members of the cell of society. This industry has its own regulatory object. As it are non-property and personal relations. This subject has significant differences from the subject of regulation of other sectors, for example, civil law.

Within the framework of the area under consideration, there is a set of own methods, means, and methods. All of them constitute a method of regulating family relations. Its feature is considered to be that it allows endowing participants in interactions with the ability to independently determine their content. In this case, we are talking about dispositive regulation. It provides participants with greater freedom in determining the essence of the relationship between them. Moreover, in the regulatory sphere, priority remains peremptory norms. In other words, the content of the duties and capabilities of entities is determined in accordance with the principles of family law, legislative acts, and cannot be changed by agreement of the participants alone. principles and sources of family law

Legal base

The principles on which family law is based are enshrined in law. Federal laws, provisions of codes, articles of the Constitution act as a regulatory framework. An almost complete list of regulations enshrining the principles of family law looks like this:

  • Federal Law No. 255 "On acts of civil status".
  • Family Code (December 29, 1995).
  • Federal Law No. 255. Its provisions regulate the provision of benefits for childbirth and pregnancy, for temporary disability of citizens who are subject to social (compulsory) insurance.
  • Federal Law No. 124. Its provisions establish the basic guarantees children's rights in Russia.
  • Federal Law No. 120. It contains the foundations of a system for the prevention of delinquency and child neglect.
  • Labor Code, chapter 41.
  • Federal Law No. 256. Its provisions determine additional measures for state support of families with children.
  • Federal Law No. 44. It contains provisions on the state bank of information on children without parental care.
  • Federal Law No. 159. It defines additional guarantees of social support for minor orphans and children left without parental care. principles of family law

Members

The principles on which family relationships are built concern a specific subject composition. This is their first and main feature. The subjects of family relations are:

  • Trustee.
  • Parents.
  • Spouses.
  • Children.
  • Guardian.
  • Adoptive parent.
  • Adopted and other citizens.

Features

The principles in this industry relate to specific legal facts. Of these, in fact, relationships arise. These facts are adoption, paternity, marriage, kinship, motherhood, and so on. The principles are more related to legal facts-states, however, there are those that are characteristic of other industries. For example, transactions: agreement on the amount of alimony marriage contract and others.

The principles that make up family law are closely related to a person’s personality. In this regard, relations based on them are of a corresponding nature (personal). Derivatives from them are property relations. They are considered secondary. Most property obligations and rights are inseparable from the authorized person. In this regard, they cannot be transferred to other persons. This, in particular, concerns the right to receive and the obligation to pay child support.

Formal and Actual Equality

Not always this principle can be implemented in practice. First of all, this may be due to the disability / incapacity of one of the parties to the relationship. Such a person needs increased state care. In this regard, for family law (more than for civil law, for example) the principle of imperative norms is peculiar. Here regulation is carried out through prohibitions and regulations.

Sphere of influence

The thesis that the principles that form the basis of family law are personally trusting is met with criticism by some authors. This is due to the fact that personal relationships are practically not amenable to legal regulation. For example, you cannot assign to spouses duty be in love. Principles determine only the external limits of personal relationships. However, they do not claim to manage such relationships. The impact of certain norms and regulations arises only in case of abuse by someone else. In this regard, family law as a whole is aimed primarily at regulating property relations. goals and principles of family law

Finally

In legal science, discussions are currently underway on the independence of family law as an industry. Many experts and analysts agree that this area is increasingly entering into a sub-sector of the civil relations system. It should be noted that in many states, family law is not distinguished as an independent industry. Marriage relations are governed by the provisions of civil law. However, given the specifics of the industry itself, the particularities of the principles on which it is based, one cannot but note a certain isolation of this system from others.


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