Семья: ценностные и формально-юридические ориентиры

Abstract

The positions of the civilistic doctrine regarding the essential features of the structure of the family and the possibility of its definition in family law are analyzed. The necessity of such an action is proved. Such characteristics of the family as a special subject composition (spouses, children, relatives, in-laws, foster parents, guardians, actual educators and pupils, dependents, actual spouses), cohabitation, common household management, mutual rights and obligations and support of family members are stated. The importance of moral constructs in its goal-setting, the content of life, the relationship of the participants in the family union is emphasized. The species diversity of the latter is demonstrated. Particular attention is paid to the characteristics of the actual marriage. The doctrinal and normative-legal positions on the issue of the legal personality of the family are summarized and analyzed, characteristics are revealed that testify to the family as an independent subject of law, that is, the irreducibility of its status to an association of an indefinite, “blurred” type. he conclusion is made about the need for the regulatory and legal development of this institution, which is one of the most important social values of the Russian state and society.

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