Family law and family relations are a set of generally accepted norms of marriage and family formation. This is a special legal branch uniting close people - spouses, children, parents and other relatives, as people who enter into official marriage acquire certain rights in relation to each other and to their children. In this article we will consider what the essence and features of family legal relations are.
What is marriage?
Marriage in our country is a union of citizens of different sexes, which is approved in the manner determined by the state and gives rise to the mutual rights and obligations of those who join it. The purpose of such a union is to create a full-fledged family. At the same time, it is important to know the conditions of marriage approval in our country. These include:
- Mutual consent of the spouses.
- Reaching marital age, or coming of age.
- The spouses do not have other marriages or close kinship.
- Legal capacity and legal capacity of spouses.
So, we found out that the basis of the family is the marriage of two people. Now let's talk in more detail about the essence and features of family legal relations.
Family Relationships
Such relationships are no less important part of our life than, for example, administrative or labor. However, they are characterized by some features. Among them, we pay attention to the following:
- Their regulator is the norms of family law.
- They are expressed in the rights and obligations of subjects of family legal relations, or family members.
- Arise from marriage, kinship, or another type of relationship.
The exception is civil marriage, which is not a guarantee of the existence of mutual rights and obligations between spouses. Therefore, in our country, a union that is not fixed in official documents is recognized as invalid or fictitious.
Among family legal relationships, marital and parental are distinguished. Consider each of these species.
Marital Relations
The Family Code, adopted in our country, enshrines the equality and freedom of spouses. Thus, a person is not completely dependent on his chosen one and retains a certain independence.
Each of the spouses has the right to choose a surname, profession and place of residence, the right to jointly solve problems related to family life. In addition, they have the right to own personal or joint property.
A prenuptial agreement illustrates the essence and characteristics of family relationships. What are the nuances of his conclusion? The couple jointly draw up a document that satisfies the interests of both parties. Most often, it is about the property. That is, family legal relations, and in particular marital relations, are relations based on equality, mutual respect and care of people for each other.
Parent relationship
No less important type of legal relationship in the family are parental. They relate primarily to children and their parents. Parents in the family have the right and duty to give their children proper education. They are also obliged to provide children with basic education at school and provide them with decent living conditions. Children, in turn, have the right to live and receive education in their family, and sometimes the necessary protection.
The peculiarity of these legal relations is that the rights and obligations of guardians or parents have a time limit. They have a direct effect only on children under the age of 18.
In our country, the deprivation of the rights of those parents who abuse them or shy away from raising their children is possible.
So, in this article we examined what the essence and features of family legal relations are. The study of all the intricacies of family law and its implementation are the primary task of every citizen.