One of the branches of the Russian legal system is family law.It is a set of legal provisions aimed at regulating relations in society, arising from the establishment and existence of the family, the termination of the marriage.The basic principles of legislation in this area are set in the RF IC.It is designed to strengthen the family, to build relations based on love, mutual understanding and respect, responsibility to all its members.Besides the UK, the rules in this area are contained in other federal laws, normative acts of subjects of the Russian Federation, as well as regulations.The latter can be taken strictly in the cases provided for in the Code.
Subject and method of family law
Its object enters based on marriage and kinship, guardianship, adoption and foster care of children, property and other personal relationships that occur between family members.Family Law governs the conclusion and termination of marriage, maintenance obligations, rights and duties of parents and children, spouses and others.
in family law is mainly used prescriptive method that provides the freedom of choice.Because of this in the family sphere clearly defined principles of relations.
principles
When publishing laws state seeks the least likely to interfere with family relationships limited to only the most necessary establishment of mandatory rules.
Family Law is based on the following principles: the voluntary nature of marriage, the equality of rights and obligations arising from intra-family dispute resolution by mutual agreement, monogamy, the priority of raising children in a family, taking care of their development.
subjects of family law
As such, can serve members of the family: spouses, grandparents, sisters, brothers, parents (including adoptive), stepfathers, stepmothers, adoptive parents, guardians, trustees.
Family Law determines that the subject can only be a legal citizen who has family personality (legal capacity).The first arises from the birth, however, the scope of rights depending on the age changes, especially after reaching adulthood.Family capacity may be limited, but only in cases stipulated by law.A citizen may be deprived of legal capacity.For example, in connection with mental illness.In that case, he can not marry, become a guardian, etc.
protection of family rights
As a rule, protection of family rights is carried out by the courts.In the event of any dispute over the division of property, child support when necessary, collecting disability, presence of minor children, etc., interested party refers to the statement of claim in court.The decision taken by the court, shall be binding.
Family law is aimed at protecting the interests of children a priority.Their presence is taken into account in the resolution of various disputes between spouses.If care and care for the child are inappropriate, his mother and father may be deprived of their parental rights.
