The concept and principles of family law. Sources of Family Law

Family in our lives means a lot. It supports and protects us in difficult times, is a support for man. Family law (concept, subject, principles) - this is what today interests many people. Relations between members of society are regulated by modern legislation. For example, the concept and family law principles laid out in the relevant Code. Naturally, all these terms should be considered in more detail.

The concept of family law

So, this is the totality of all laws and legal norms by which personal relations of citizens of our society are regulated. For example, half-relatives, people who have married, parents and children (both their own and their adoptive parents). Naturally, the concept and principles of family law are inseparable. However, you should also decide on the subject of this issue. Naturally, this is a relationship between people. And they can be divided into several types:

• Those that arise during the adoption of a child in the family for parenting. Here an important role is given to the guardianship authorities.
• Arising during the entry of men and women into official marriage. In this case, the marriage may be annulled or terminated.
• Those that appear at the time of receipt or division of property between relatives.
• And a non-property type of relationship between close people.

The concept and principles of family law are one of the main definitions in the legislation.

The concept of family and its composition

So, the family is a social unit, people who are connected by blood or marriage bonds. Wherein family ties can differ in two directions: downward and upward. In addition, there is another division. For example, relatives may be full-blooded or half-blooded.

AT family composition includes:

• Parents and children (relatives, adopted, taken under guardianship).
• Stepfather and stepmother, as well as stepson and stepdaughter.
• Grandparents and their grandchildren.
• Sisters and brothers.
• Other relatives: uncles, aunts and nephews.

Method of law

The concept and principles of family law reflect the implementation of applicable law. But besides these concepts, one should also know his methods. That is, you should consider the totality of those measures, means and techniques by which the regulation of relations within the family or between relatives is carried out. The method is characterized in that it is based on the equality of all participants in these legal relations. It also has certain features:

1. No participant in legal relations can depend on the will and desires of another subject.
2. Providing relatives with several behaviors from which they can choose the right one for themselves in each case.
3. Bodies that ensure control and enforcement of the law can resolve certain issues taking into account the life circumstances that have developed.

Basic goals

The concept and principles of family law are important definitions. However, its goals should be considered. Among them, you can determine the following:

• Ensuring all conditions for the family to be strong.
• The implementation of the protection of the rights of all participants in the relationship
• Enabling all family members to exercise their own rights.
• Protecting participants from gross and arbitrary interference in their personal affairs.

Basic principles

No regulation of relations can be made at the will of the relevant authorities.The principles and method of family law are very much interconnected. Therefore, you should find out what regulation of legal relations is based on. So, there are such basic principles:

1. Volunteerism. No subject can enter into marital relations against his own will.
2. Formality. The marital union must be fixed by special acts.
3. Equal rights. Both husband and wife have the same rights and duties.
4. Monogamy. Polygamy is not recognized in our society. That is, only one woman and one man can enter into a family union.
5. Solutions to all problems and difficulties only by agreement of both parties. That is, each family can build its own relations according to its own model. However, he should not go beyond the list of those models that modern legislation provides.
6. Priorities. This principle operates in two directions. First, the family should focus on the mutual education of children, ensure their well-being, and also protect their interests. Secondly, if there are disabled relatives in the family, their rights must first be defended.
7. divorce at will of spouses. However, this process is also controlled by state bodies.

The concept, subject and principles of family law you have already figured out. Now we will begin to consider other definitions.

Family Law Functions

There are only a few, but they are very important. You can consider such functions that family law provides:

• Educational. It lies in the fact that society can approve or condemn a certain model of building family relationships. Thus, it tries to control the fulfillment of all rights and obligations by relatives or spouses.
• Security. All interests of participants in family relations should be protected by the state.
• Regulatory. Special bodies undertake to monitor relations, guided by the applicable acts of the Family Code.

The concepts of the essence of the principles of building family law are already familiar to you. We continue to familiarize ourselves with other definitions.

Sources of law

Now you should find out where the tools for managing family relationships come from. There are not many of them, but they cover the entire presented sphere.

So, such sources are:

1. Constitution of the state. It not only establishes the principles of this right, but also ensures the protection of the family. The Constitution is valid in all territorial subjects of the country, its provisions are considered an axiom binding.
2. Family code. This system of norms, which entered into force in 1996. He directs all the actions that are carried out by citizens in an official marriage.
3. The federal law. Very often it relates to the regulation of relationships with children. For example, “On guardianship and trusteeship”, “On basic guarantees of the rights of the child”. These laws are also binding on the state.
4. Decrees of the President. In no case should they go beyond the limits of the Family Code and should not contradict it.
5. Decisions of the government of the country. Thanks to these acts, individual issues in family relations are controlled. For example, members of the Government have the right to establish a list of those individuals who, for whatever reason, cannot exercise child custody. Naturally, they can make other specific decisions.
6. Laws of the constituent entities of the Russian Federation. Their feature is that they are applied in each specific territory. That is, the effect of such acts does not apply to all subjects of the state. For example, the age at which people are allowed to marry can be established in this way.

Thus, we have already examined the concept, sources and principles of family law.

System of law

Naturally, special instruments had to be created to regulate relations. And they are. This whole area is controlled by regulatory acts and institutions, which are enshrined in the Family Code of our state. It is divided into chapters, which detail 170 articles. The Codex has the following chapters:

• General Provisions
• The conclusion and termination or dissolution of marriage.
• Rights and obligations of parents and children.
• Rights and obligations of people who have married.
• Forms of education for those children who have lost parental care.
• Obligations to pay alimony for family members.
• Application of legislation to legal relations in which foreigners or stateless persons take part.
• Final provisions.

The concept of family law, subject matter, method, system - everything is contained in this Code. Thanks to legislative acts, special state bodies can exercise control in this area.

The concept of family relations and their elements

The concept of family law, the principles of family law are the main definitions in the legislation. It is also necessary to consider the features of such legal relations. For example, their subject is considered only the person who has any kindred ties. Such relationships last long enough. They also have an individual character, as they relate to specific people. If you already know the concept, sources and basic principles of family law, then you should understand the features of legal relations. After all, this is the main subject of management.

It should also be noted that neither the rights nor the obligations of the family are entitled to be transferred by testament or other means to other persons. In the first place in the relationship is the non-property aspect. Thus, at the moment you have learned the basics of family law, the concept and principles of such legislation.

Features of the exercise of family rights and obligations

So, each person is an individual person who can carry out the functions assigned to her, that is, each citizen is endowed with the rights and obligations that are prescribed in legislative acts. Often they are used at the request of participants in legal relations.

However, there are cases that involve government interference in the exercise of rights and citizen responsibilities. Such an initiative may be taken by guardianship authorities, prosecutors or a commission that deals with the affairs of children and teenagers.

A feature of rights in family relations is that they are protected by law. That is, you must fulfill your duties so that your actions do not harm other members of society. For example, the mother should not prevent the father from raising a common child if the spouses no longer live together. This violates the interests of not only the second parent, but also his offspring. Now you know not only the concept, sources and principles of family law, but also the features of its implementation.

What forms are protected by rights?

Naturally, everyone can hope for state support. That is, municipal authorities are obliged to defend the rights of each subject of relations. There are several forms of such protection:

• Administrative. It is carried out by non-judicial organizations. For example, such activities are within the competence of guardianship authorities, registration of acts of civil status. The administrative form protects the rights of citizens regardless of their age.
• Trial. Here specialized bodies are already taking effect. They are the courts of general jurisdiction. They carry out their activities if the problem or dispute cannot be resolved differently.

However, the Family Code may not regulate everything. For example, it does not spell out the rules by which a person can recover compensation for moral damage that he received as a result of such a relationship.Only the Civil Code can do this. Family law, its concept and basic principles cannot be implemented without interaction with other branches of legal science.

What bodies protect rights?

So, in the last question, you will consider who exactly is responsible for ensuring that the protection is carried out. So this is:

• Child protection.
• The prosecutor's office and other law enforcement organizations.
• Bodies of registration of acts of state of citizens.
• Persons authorized for children's rights.
• Commission for the Protection of the Rights of Minors.
• Courts

All of them are called upon to protect the rights of citizens in family relations. The final court is already the court. It is applied if the problem cannot be solved in a simpler way.

Now you know the concept of family law, the principles of family law and its main features.