Principles of Family Law

Practically any sphere of relations between people is regulated by this or that branch of law: civil-law relations - civil law; Relations arising from the commission of crimes - criminal; And in the sphere of marriage and family - family.

The concept and principles of family law

As a science, family law is one of the branches of law governing the relations of people (non-personal personal, property) arising in connection with marriage, kinship and the acceptance of children into the family. The legislative act that regulates relations in this area is the Family Code. It contains the basic principles of family law, which are understood as guidelines and the basic principles that determine the essence of the industry itself. They are generally binding because they are fixed in legal norms. This is done in order to correctly interpret, implement and apply the norms, to fill the gaps in legislation.

Principles of family law are reflected in Article 1 of the IC:

1) The state recognizes only the marriage that was concluded in the registry office, which is recorded in the registration book. Church and civil marriages do not create any legal consequences. After registration, the legal relations of the spouses arise, which from that moment are regulated by family law. The state, in turn, recognizes the marriage and ensures its protection and support. It creates and contains maternity hospitals, hospitals, kindergartens, pays benefits to mothers and provides various benefits.

2) Marriage is voluntary. No one can be forced to marry. A man chooses a woman, and a woman is a man at her own discretion, without any outside influence on their will on the issue of marriage, as well as on the question of its dissolution. Restrictions on divorce are allowed only if there are underage children to protect their interests.

3) Relations in the family should be built on the basis of equality of rights of spouses. A man and a woman who married have equal rights in resolving all life issues of the family. This principle is set out in Article 19 of the Constitution. In the family all citizens are equal regardless of gender, nationality and other belonging. Disagreements must be resolved mutually and peacefully.

4) The principles of family law also suggest that the solution of all family issues should be carried out by mutual agreement. To such questions it is possible to carry: distribution of the budget of a family and planning of expenses, signing by spouses of the marriage contract, using common property, etc.

5) The state gives priority to the education of children in the family, ensures the protection of their interests. Children are not property, but an independent subject of law and must be protected by legislation. The child has the priority right to live, be brought up in the family circle.

6) The principles of family law also presuppose the provision of priority state protection of the interests of disabled members in need of assistance. Adult children also have responsibilities to their elderly and disabled parents.

7) A man or woman can not marry at the same time. To conclude a new marriage, you need some supporting document, indicating a divorce, the recognition of the marriage union as invalid, the death of the wife (husband), etc.

In fact, the principles of family law - this is the basis, which includes important features in the process of regulating relations in the family and on which all legal norms of this sphere are built. Through these norms, the state creates the most favorable conditions for the development of the family, protects its rights and interests, and improves the quality of life.