immediately will focus on what the family relationship - it's not the same thing as family relationships.In the first case, all based on the family and the legal regulation, and not on domestic relations.Family issues in the legislation given a lot of attention.The composition of the relationship, as well as the position of each of its members are registered adequately.The main legal base - the Family Code.Also, some of the provisions contained in separate NPA.
what is hidden under the concept under consideration?Family relationship - is the actual family relationship, which is regulated by the norms of family law.Its members are connected to each other certain rights and responsibilities, neglecting that may apply certain sanctions by the state.This notion of relationship, in principle, can be called comprehensive.We note only that there are different views on this issue.
family relationships have the following characteristics:
- in most cases they are long-term in nature (at least it is implied);
- legal facts on which there are terminated, change of family relationships, are recorded in the registry offices;
- as subjects may act only individuals;
- an important feature - the individual (family relationship are closely related to some particular people);
- their character - personal-confidence;
- succession of rights and obligations here is completely unacceptable.
By their nature, family relationships are different.They can be personal property or non-property.An example of moral - choose a family name at the time of marriage.Property rights can be divided into groups:
- mandatory;
- Proprietary.
From the title it is clear that the first related to the commitment to each other and to the children, and the second - with the property.
family relationships are often relative, but with an absolute character, and vice versa.
Divide can be subjective and composition.Here they will trehsubektnymi or dvuhsubektnymi.In the first case it is the parental relationship, in the second - about married.
In most cases, talking about family relationships, marital relationship is meant.Trehsubektnye in some cases, are regarded as some simple relationship, which are members of the parents and their child.Hardly anyone would argue with the fact that the child has an individual relationship with each of their parents.One parent legal relationship always somehow limited to others.For this reason, on trehsubektnosti speak only in exceptional cases.
family relationships have their own structure.It consists of two elements.We are talking about the subjects, as well as their responsibilities and rights.The object in this case may not be incorporated into the structure.What is he here?It refers to actions or property.
action is the subject of personal legal relations.It can be connected with an active behavior (choice of school for your child, name, and so on) or passive (non-disclosure of family secrets and the like).
What is the property as an object?It's about the property directly, as well as property rights.At the conclusion of the marriage, each spouse has some of his clothes and other material benefits.After the marriage (if not drafted prenuptial agreement, which defines the specific conditions of living together) everything becomes common.Over time there and marital property.In certain situations, the section it can be very difficult.
