Immediately emphasis will be placed on the fact that familylegal relationship - this is not the same thing as family relations. In the first case, everything is based on family and legal regulation, and not on domestic relations. The issue of family in the legislation is given a lot of attention. The composition of the legal relationship, as well as the provisions of each of its members are spelled out sufficiently. The main legislative base is the family code. Also some provisions are contained in the individual AB.
What is hidden under this concept? Family legal relations - this is the actual family relationship, which is regulated by the rules of family law. Its participants are linked to each other by certain rights, as well as duties, if neglected by which certain sanctions may be imposed by the state. This concept of legal relationship, in principle, can be called exhaustive. We only note that there are other views on this issue.
Family legal relations have the following features:
- in most cases they are long-lasting (in any case, it is implied);
- legal facts on the basis of which arise, terminate, family legal relations are changed, are registered in bodies of the registry office;
- only individuals can act as subjects;
- an important sign - individuality (family legal relations are closely connected with some specific people);
- their character is personal-confidential;
- the succession of rights and obligations here is completely unacceptable.
By their nature, the family legal relationship is different. They can be personal property or non-property. Example of non-property - the choice of the name at the time of the marriage. Property rights can be divided into groups:
- Property and legal.
From the names it is clear that the former are associated with obligations to each other, as well as to children, and the latter - with property.
Family legal relationships are often relative, but with an absolute character, and vice versa.
They can also be divided according to their subjective composition. Here they will be three-object or two-object. In the first case, we are talking about parental relationships, in the second - about marital relations.
In most cases, speaking of familylegal relations, they mean the conjugal legal relationship. Three-subject in some cases are considered as some simple legal relations, to which the parents and their child are participants. It is unlikely that anyone will argue with the fact that the child has an individual relationship with each of his parents. One parental relationship is always one way or another limited to another. For this reason, only three cases are said in exceptional cases.
Family legal relations have their structure. It includes two elements. It is about the subjects, as well as their duties and rights. The object in this case can not be included in the structure. What is he here for? It refers to actions or property.
Action is an object in personallegal relations. It can be connected with active behavior (choice of school for a child, name, etc.) or with passive (non-disclosure of family secrets and the like).
What is property as aobject? Speech about the property itself, as well as about property rights. At the conclusion of marriage each of the spouses has some of his things and other material benefits. After the marriage (if there is no marriage contract, in which certain conditions of cohabitation are prescribed) everything becomes common. Over time, appears and jointly acquired property. In certain situations, partitioning it can be very difficult.