Legal encyclopedia. Letter C

FAMILY LAW

- the branch of law regulating relations on the conclusion of marriage, the termination of marriage and its recognition as invalid, property and non-property relations between family members - spouses, parents and children (adoptive parents and adopted children), and in cases stipulated by family law - between other relatives and other Persons, as well as the form and order of placement in the family of children left without parental care.

SP as an independent branch of law is characterized by a special subject and method of legal regulation.

Subject SP - based on marriage, kinship, adoption, custody and guardianship, the adoption of children for the upbringing of property and personal non-property relations that develop between family members or with their participation.

Typical features of the method

Family and legal regulation:

1) legal equality of participants in family legal relations;

2) autonomy of the will of participants in family legal relations;

3) strengthening the dispositive principle in family and legal regulation;

4) individual situational regulation.

In SP's theory, there is no single approach to determining the essence of the method of family-legal regulation.

SP is based on certain principles, i.e. Fixed in the current family legislation of the basic principles, guidelines, determining its nature and essence, in accordance with which the regulation of family relations is carried out.

Principles of SP:

1) indicate the main direction of legal regulation of family relations;

2) reveal the essence and internal character of S.P .;

3) help correctly interpret and apply SP norms;

4) contribute to the improvement of the current legislation on the family.

Among his own principles, SP st. 1 The IC of the RF calls:

1) the principle of recognition of marriage, entered into only in the register of acts of civil status. By the act of registration, the state confirms that this union receives public recognition and protection as meeting certain requirements;

2) the principle of voluntariness of the marriage of a man and a woman, which means the right of every man and every woman to choose his wife or husband at his own discretion and does not allow any outside influence on their will when deciding on the issue of marriage;

3) the principle of equality of spouses in the family. This principle is based on the constitutional principle of equal rights and freedoms of men and women and equal opportunities for their implementation;

4) the principle of resolving intra-family disputes by mutual consent, the effect of which extends to the solution of any issue of family life;

5) the principle of the priority of family upbringing of children, care for their welfare and development, ensuring priority protection of their rights and interests;

6) the principle of restricting the rights of citizens in the family only on the basis of federal law.