Family Law Act

2018-03-07 - 12:03 | News |

Family Law of the Russian Federation is a separate branch of law. The subject of this or that branch of law known as the circle of social relations that are governed by the rules of this law. In Accordingly, the subject of family law is the relationship of marriage, termination of marriage and annulment, property and property relations between family members – spouses, children and parents (adoptive parents and adopted children), and in the cases provided by family law – among other relatives and other persons, as well as forms and procedures for the device in a family of children left without parental care. These kinds of relationships have in common is that they all arise from marriage, kinship relations, law, equated to kinship. Novel in the modern law has become an exception to the subject matter family law matters related to civil registration.

Currently, the Civil Code in Art. 47 sets out the general provisions of the registration at the registry office. Legal and administrative regulations for registration in accordance with paragraph 4 of Art. 47 Civil Code contains a separate piece of legislation – the Federal Law "On Civil Status". For personal (non-property) relationships, governed by family law include: marriage and termination of marriage, the relationship between spouses in matters of family life, choose a family name at marriage and divorce, the relationship between parents and children care and education of children and others to the property relations are the maintenance obligations of family members and relations on the common and separate property of spouses.

Family relationships are personal-confidence nature, are based on love and understanding, are mainly determined by moral and ethical rules. For this reason, application of the law to family relationships significantly limited. Law, intruding into family relationships, is limited to the establishment of such standards, which contribute to strengthening the family, and tries to provide an opportunity for participants to identify family relationships by their content relationships with various agreements (marriage contracts, agreements, alimony, etc.). In particular, with regard to property relations between spouses, the rules of family law aimed at to the regulation of property relations in the family to exclude or at least mitigate the effects of income inequality in the family, protect the interests of economically weaker family members to maintain high moral principles in the relations between family members. Family law does not define family and associates with the terms of the notion of family members who form its membership. In line with this concept is defined "Family member". The number of family members under family law are: spouses, parents and children, brothers and sisters, grandparents, stepchildren, stepparents, grandchildren, foster parents, guardians, trustees, adoptive parents, educators, students accepted in the family, children and other family members. In this legislation does not specify the final list of family members, thus providing an opportunity to include in the family and other persons. Lack of family law the term "family" due to the fact that the concept of family is a sociological rather than legal character. The theory of family law defines a "family" as the persons involved moral and economic rights and obligations arising from marriage, kinship, adoption or other form of adoption of children in foster families.