Kinship and property - their legal meaning. The concept and signs of kinship and properties

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Kinship and property - their legal meaning. The concept and signs of kinship and properties
Kinship and property - their legal meaning. The concept and signs of kinship and properties

Kinship, property and their legal significance are important parts of family law that are more studied and understood. It is blood relations, that is, the cell of society, too, that is an important object for this type of law. In a legal sense, this is an association of persons, which involves the development and observance of the rights and obligations associated with the institution of the family, marriage.

Signs of relationship

Kinship and its signs

Kinship implies a blood connection between two people. One object may be born from another, or they may both be descended from a common parent. Depending on this relationship, kinship is already divided into species. It becomes clear that the presence of exactly two people connected by blood ties is assumed here. A large number of other relatives is no longer the area of ​​\u200b\u200bkinship. This specificity is important specifically for family law, as it helps to distinguish between specific subjects of such relations, and also determines the degree of closeness betweenthem.

Already taking into account this definition, a general concept is formed - kinship, property and their legal significance.

Kinship types

blood ties

Kinship is divided into two main types - direct and lateral. Already the first concept has its branches in the form of descending kinship and ascending. Lateral also includes incomplete and full.

Before learning more about kinship and property in family law, it is important to define each type of kinship separately.

There was a discussion about the lateral and direct in the previous paragraph. Such relationships in the first case involve kinship, for example, two sons, and in the second - mother and child.

Ascending involves relationships that start from descendants and end with ancestors. Descending, on the contrary, from ancestors to descendants.

Accordingly, full blood relationship implies the presence of one father and mother. Inhomogeneous - the existence of only one common relative, father or mother.

There is a special subgroup in lateral kinship - these are half-brothers or sisters. The children of the spouses are not common, they were born during the last union or marriage. In this case, they will not be important subjects of family law, since they are not related by blood.

Degrees of relationship

Degrees of relationship

Besides the indicated division, kinship is also determined by degrees. The concept is formed due to the number of births, which are the connecting link between two relatives. It is important that taking into account the ancestor of theserelatives are not needed for family law. For example, a situation when a father has a son. For this event, there was only one birth, respectively, and the degree will be the first. If the birth of a child is already associated with his grandfather, then a second degree is formed between them, because it took not one, but two births.

Such relationships can expand greatly, which is sometimes difficult to calculate the degree of relationship. For this reason, relations of this type are of interest to family law, when a close relationship is formed. Thus, the bias is made only on the first or second degree of kinship. These are, as already mentioned, grandmothers and grandchildren, brothers and sisters, fathers and children. Before learning about the relationship between the concepts of kinship and properties, it is necessary to study the legal meaning of the first concept.

What type of relationship has legal significance?

Legal significance

Very often you can meet the question of what relationship has legal significance - biological or legal?

Despite the fact that relations between relatives exist only for a biological reason, their presence is determined by the relevant certificates or documents. Thus, it is fair to say that blood ties do not play a decisive role in jurisprudence unless they are documented. Only in such a case can such kinship be considered from the point of view of law, and not for the simple reason of its existence as such. For example, if the child's father is not the biological one, but it is recorded in the documents that he is the actual parent,so that is how it will be treated. No one will take into account the fact that there are no blood ties.

Existing views

Thus, we can say that there are only two points of view (regarding the law) on kinship. For example, in the first case, the relationship between people is the reason for the emergence of related rights and obligations that must be performed by all participants in the relationship. Some, in truth, perform them differently, depending on the degree of closeness. In another version, kinship exists as a reason to prohibit the emergence of family relations (marriage) between subjects. Let's say a brother and a sister cannot later become husband and wife. And this is legally enshrined in Article 14 of the Family Code of the Russian Federation.

The important information is that relatives with a close degree of kinship cannot become husband and wife. In other cases, such as when an uncle wants to marry his niece, this is acceptable. This happens because the degree of intimacy is quite extensive. And already legally they will be presented not as relatives, but as spouses.

Kinship, property and their legal significance

Meaning of property and affinity

Property is not a particularly significant concept for family law, as it does not consider this definition. They talk about him only in general terms. Despite this, the property has a number of its own definitions, which make it a unit of family law. For this reason, the concept of kinship, properties and their legal significance arises. Both of these concepts are important injurisprudence under certain circumstances.

The first definition assumes that the spouse and the next of kin of the other spouse create properties in the course of the relationship. In the second case, the relationship between the relatives of both spouses is considered a property. In this case, the subjects are called in-laws. It is important that they do not have blood ties between them, since a special relationship arose between them that would not have appeared without marriage.

When a marital relationship ends, that relationship ends. The properties no longer exist in the particular situation. This is also spelled out in the Family Code of the Russian Federation.

The only lasting relationship occurs when property occurs between stepchildren and stepmothers or stepdaughters and stepfathers. In this case, it has legal significance, since at any time the stepson or stepdaughter can apply for alimony (Article 97 UK).

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