Legal facts in family law: types and classification

Many citizens are called by so-calledlegal facts in family law. Without them it is impossible to imagine the family legislation of the country. And every citizen should remember this. It is worth paying attention to the fact that without the mentioned components, there will be no responsibility and communication between people. Family law refers to situations that may arise in the life of every citizen. Depending on certain legal facts, responsibility will arise. Or there may come a complete cessation of this or that relationship. So what is required to know the citizen? What are the legal facts in family law? What do they influence? How to prove? All this will help to understand the established legislation of Russia in full.

Definition of legal fact

The first thing you have to understand about which termIn general there is a speech. After all, not everyone understands what they are dealing with. A legal fact is something that affects one or another relationship. For themselves, they entail some legal consequences.

In other words, this term describes what,what really happens in life, is proved, and also has an impact on human life. And the event should take place not only according to the will of people. And to have significance for legislation. What is it about? There is a special classification of legal facts in the family law of the country. What should I look for? What in general should this population know about this particularity?

Determination of fact in family law

It is worth paying attention to the fact that there is a definition of the fact of a legal nature in the family law. What it is?

A legal fact is a real event, which entails changing, establishing, terminating family legal relationships in various dimensions.

In other words, something significant for family lawin the country. But what facts are we talking about? What is meant by them? What components of the facts can be distinguished? About all this - further. In fact, everything is much easier than it seems. Many do not suspect that they are dealing with legal facts in family law. So what are we talking about?

Signs of fact

Before considering the generally accepted classification in Russia, it is necessary to understand the features of the facts of legal significance. Otherwise, you will not be able to figure out whether this or that action is important.

So, there are general signs of a legal fact. They include:

• existence independently of human consciousness;
• the phenomenon occurred in reality - it lasts at a certain moment and some time;
• facts, as already said, entail a change, the initial occurrence or termination of certain legal relationships.

But there are also signs that are inherent only in family law. They have already been told about them. Facts of the legal type in the family law are distinguished by the following features:

• they are included in the norms of the established family legislation of the Russian Federation;
• usually are a whole complex of actions that entail consequences;
• often the facts - this is a characteristic of the state of citizens;
• long duration;
• can act as a lever of change, appearance or termination of family rights;
• legal facts in family law usually emphasize the significance of the timing of events.

Now, when it is clear how one can determine thator another fact, you can look at the proposed classification. What should every law-abiding citizen know? What can be the facts of a legal type in the family Russian legislation?

Classification

In fact, everything is simple. The thing is that the classification of legal facts in family law is not very voluminous. And you can understand it without any special knowledge or work.

To date, among the facts are the following components:

• by strong will;
• by duration;
• on the consequences of a legal type.

It is this classification of legal facts in family law that exists in Russia. The whole population pays attention to it. But what is included in each of the components? How to single out this or that type of fact?

Will character

It is worthwhile to consider each component inisolation. The first class is a division by will. Here, events and actions are singled out. This is extremely important. And to understand what actions differ from events, every person, not just a lawyer or lawyer, should.

Action usually means a chainconsciously accomplished real life factors. In other words, the consequence of the citizen's conscious activity. Can be both legitimate and illegal.

Events are called legal facts that matter and occur in addition to people's will. Among them, too, there are 2 types:

• absolute - the will of people does not affect the course of action;
• relative - the events that occurred due to the influence of citizens.

Duration of existence

What other types of legal facts in the familythe right can be distinguished? The next category is the classification according to the duration of existence of certain facts. Here, as in the previous case, only 2 types take place. Namely:

1. Short-term. These are facts that last a short time, but bear legal consequences. Or single meaningful actions. For example, death, birth, divorce.
2. Prolonged. Prolonged are the facts that exist for a long time. From time to time, they give rise to legal consequences or their modification. Most often distinguish such legal facts in family law, as marriage and kinship.

This is the whole classification by duration. There is nothing difficult to understand in this. But there are other types of facts of a legal nature in the family law. What should I look for? What components still distinguish?

Effects

It has already been said that such legal facts infamily law. Their classification is also given earlier. It singles out such an item as classification according to legal consequences. What it is? What types of facts can be distinguished in this area?

Perhaps this is the most extensive type of separation. In fact, unlike all the previous cases, five components are distinguished here. Namely:

1. Right-Bearing Facts. These are the ones that entail certain consequences. Or rather, the emergence of family legal relations. For example, the birth of a baby or a wedding.
2. Right-changing. Such facts are those that at the legislative level change existing legal relations in family law. Say, the change of the marriage contract regarding the sharing of the jointly acquired property.
3. Right-breaking. The facts that lead to the termination of family relations. For example, the death of a husband / wife can be categorized as the right-breaking category.
4. Right-hindering. Facts that interfere with the development of certain legal relationships in the family in accordance with the will of a person involved in actions and events. For example, the ban on divorce with a pregnant wife in men.
5. Restorative. These are facts, the offense of which, according to the law, entails the restoration of certain family rights. For example, restoring parental rights.

Accordingly, this is all basic information, withwhich every person should be familiar with. There is no other classification. But this is not all that a citizen should know about legal facts in family legislation. What should I look for?

Subjects of legal relations

For example, on what are subjects of legal relations in the field of family legislation. Who is distinguished in the family law as participants? It:

• spouses;
• children (including adopted children);
• parents / adoptive parents;
• Grandmothers and grandfathers;
• grandchildren and granddaughters;
• great-grandchildren and great-granddaughter;
• great-grandparents;
• Brothers and sisters (relatives), stepchildren, stepdaughters;
• stepmothers and stepfathers.

Accordingly, all other bloodrelatives are not subjects of legal relations in the family. Every citizen should take this into account. Accordingly, neither lawful legal facts in family law, nor any others have place in relation to other relatives.

Relationship

From all that has been said, it follows that the so-called kinship plays a huge role. This is the main link in family law. Without it, you can not imagine a family.

Kinship as a legal fact in family lawIt is characterized by the connection of several people, which is based on the origin of people from common ancestors. There are two types of kinship in total. Namely - direct and lateral.

Of course, the most important is direct kinship. Characterized by the origin of a citizen from another person. Allocate a descending relationship and an ascending one. The first case is the consideration of the family from ancestors to descendants (parents, then children, then grandchildren, great-grandchildren, and so on). The second - from descendants to ancestors (great-grandsons, grandsons, children and so on).

Side affinity is when different personscome from one ancestor. For example, my sister and brothers. They are united by common parents. Or one of them. There is a full-blooded relationship - when children are born from common parents. That is, the brother and sister have the same mother and father. And there is an incomplete kinship. These are situations in which children are born only from one common parent. A very common phenomenon in Russia.

Relation as a special legal fact of the familyrights plays a fundamental role. It is worth noting that, with lateral kinship, full-bodied and inferior children have the same rights. Particular importance is attached to the so-called degree of kinship.

Relation degree

But what is this? The degree of kinship is the number of births that preceded the emergence of kinship between two people. The exception is the birth of a common ancestor.

The legal significance is attached only as alreadyit was said to a close relationship. Usually it is concurrently direct and lateral at the same time. In the first case, only the first two steps are taken into account. The first is parents and children, the second is grandparents and grandchildren. The lateral degree of kinship involves the participation of only siblings, regardless of fullness. Accordingly, it is these citizens who can be considered close relatives.

In the family right beyond the close relationshiponly the right to communicate with the child with all relatives goes. And other relatives to contact with the child. Otherwise, distant relatives are not participants in legal facts and kinship.

Outcomes

Perhaps, this is all that citizens need to know about the topic being studied. Now the peculiarities of legal facts in family law are clear. How to classify them is also not a secret.

In fact, there are a lot of direct actions affecting family relations in the legal sense. Among them there are mainly:

• birth;
• death;
• wedding;
• divorce;
• the conclusion of the marriage contract;
• changing the marriage contract;
• deprivation and restoration of parental rights.

But this is not an exhaustive list. In fact, virtually any action within the family, connected by legislation and entailing certain consequences, is of legal significance. To know exactly how an event will affect a social unit, it is recommended that you study the Family Code of the Russian Federation. Now it is clear what are the legal facts in family law and their types.