Almost every sphere of human relations governed by a particular branch of law: civil law relations - civil law;relations arising about the commission of crimes - criminal;but in the sphere of marriage and family - a family.
concept and principles of family law
As a science family law - one of the branches of the law, people's attitudes reguliruschaya (non personal property) arising from marriage, kinship and adoption of children in the family.The legislation that regulates relations in this field - the Family Code.It contains the basic principles of family law, which are defined as guidelines and basic principles that define the nature of the industry itself.They are binding for because of their consolidation in the law.This is done in order to correct the interpretation, implementation and application of the rules, legislation gaps.
principles of family law reflected in Article 1 of the SC:
1) The state recognizes only marriage, which was concluded in registry offices, as there is a record in the registration book.Church and civil marriages do not produce any legal consequences.After registration, there are legal relations between spouses, which from now on be governed by family law.The state, in turn, acknowledges the marriage and provide for its protection and support.It creates and provides maternity homes, hospitals, kindergartens, pays benefits to mothers and provides a variety of benefits.
2) Marriage is voluntary.No one can be forced to marry.A man chooses a woman, and a woman - a man on your own, without any outside influence on their will on the issue of marriage and on its dissolution.Limitations on the permitted divorce only in the presence of minor children to protect their interests.
3) Family relationships should be built on a basis of equality of rights of spouses.Man and woman who are married, have equal rights in the resolution of all the issues of family life.This principle is stated in Article 19 of the Constitution.In the family, all citizens are equal regardless of sex, ethnic or other affiliation.Disagreements should be resolved mutually and amicably.
4) The principles of family law also suggest that the solution to all family issues should be carried out by mutual agreement.These issues include: the distribution of the family budget and planning costs, the signing of the marriage contract the spouses, the use of common property, and others.
5) The State shall give priority to the education of children in the family, the protection of their interests.Children - not property, but an independent legal entity and should be protected under the law.The child has the priority right to live, grow up in a family.
6) The principles of family law also involves ensuring the priority of the state to protect the interests of disabled members who need assistance.Growing children also have responsibilities to their elderly and disabled parents.
7) A man or woman can not enter into multiple marriages simultaneously.To conclude a new marriage needs some supporting document, a certificate of divorce, the recognition of marriage invalid, the death of his wife (her husband), etc.
In fact, the principles of family law - is the foundation, which includes important features in the process of regulation of relations in the family and on which to build all the legal norms in this sphere.By these standards the state creates favorable conditions for the development of the family, protects the rights and interests, improve the quality of life.
