Family members: concept. Who is legally a family member
The family appeared thanks to the historical development of society. To create it, is the marriage union. Family members have rights and responsibilities to each other. At present, the representation of such a union is different in legal and social terms. But still, every person needs to know who is in the family.
The exact definition of this term is important for resolving various disputes. In order to determine which family members may be included in the named unit of society, it is necessary to become familiar with the legislation. Housing and marriage and family law will help in this.
Usually, the concept of family members is used when making subsidies for the payment of utility bills, as well as for submitting documentation on improving housing conditions to the administration.
The family is under the protection of the state. This is enshrined in article 1 of the RF IC. It also says that marriage is registered in the civil registry office. In the family, all members manage the household and raise children. They have rights and obligations.
Who are family members?
According to the Code of Criminal Procedure (Article 5 § 4), family members:
- spouse (spouse);
- adoptive parents and adopted.
They also include:
Moreover, no other family members can belong to this social group. It should be noted that the relatives who make it up can be either blood or not. But they must have a common household. They also support each other financially.
In housing legislation, the definition of family composition may vary depending on whether the family lives in an apartment that is owned or rented under a contract. Documents confirming cohabitation are confirmed, for example, a birth certificate or paper on housing. This is required in resolving various disputes.
Who can be a member of the family?
Citizens who are not considered to be relatives of the owner of the premises can also be defined as family members. This is observed when they live in one place and are settled there by the owner of the dwelling. It is also important that the person not only lived in the room, but also had some relations with the owner and other people living with him in the same living space.
Family members have relationships based on mutual respect, mutual care, non-property and property rights. Their economy, as already mentioned, should be common. Rarely family members are people who are not officially considered relatives.
Article 14 of the RF IC
Article 14 of the RF IC is of particular importance in the matter raised. It contains the conditions for the impossibility of marriage. According to this article, they are as follows:
- the presence of unbroken marriage;
- close relationship;
- marriage between adoptive parents and adopted children;
- if at least one person is incapacitated.
These conditions will not allow to create a family, and in other cases there are no obstacles to entering into a marriage.
The property and non-property rights of married people are indicated in article 31 and 32 of the RF IC. By law, they are entitled to the protection of their interests if they were infringed.
Marital and Family Legislation
According to the law, the family begins with the official registration of the marriage of spouses. If everything is documented, the parties will acquire official rights and obligations.
Family Code includes marriage rules.This is stated in Article 10 of the RF IC, which defines the rights and duties of spouses. Divorce is also regulated by the RF IC - article 16.
After divorce, the rights of children should not be infringed. The duty of their maintenance falls on parents (article 80 of the RF IC).
According to the marriage and family law, members of the family include adopted (adopted) children. After registration of the relevant documents, such parents and children also have rights and obligations in relation to each other. And although in this case there can be no common ancestors, yet this is a family. Confirms this document on adoption or guardianship.
Each family member has the right to living space. This is confirmed by article 40 of the Constitution of the Russian Federation. But usually with a divorce it becomes necessary to divide the premises, because nobody’s rights should not be infringed. The norms of this procedure are established by article 38 of the RF IC. Most housing issues are resolved through the court, which allows to divide the living space.
Family members of a child are parents, brothers, sisters. The homeowner has the right to move in relatives who are dependent on him, as well as disabled citizens and other people who are not related to their relatives.
Please note that the concept of "family member" is differently defined in the marriage, family and housing legislation. In the first case, it is a person who is in kinship, as well as having some ancestors. Accommodation at the same time may be separate. And under housing law, a family member must live with the main tenant and have a residence permit.
Rights and obligations
In the case of violations of the rights of someone from family members, they have the opportunity to solve the problem through the courts. In this case, a specific official document confirming the relationship is taken into account. The duties and rights of family members are as follows:
- Grandparents can see each other with their grandchildren (Art. 67 of the RF IC). They also remain the duty of material and moral support in a difficult situation. Children and grandchildren should help disabled relatives (art. 94-95 of the RF IC).
- When adopted, the child becomes part of a new family. In this regard, adoptive parents acquire rights and obligations for his upbringing, material content and training.
- Older children should help younger ones if they are in need.This concerns material and moral support.
- Former spouses, although not considered to be relatives, are still part of the family, so they may require maintenance, as well as help financially, for example, a sick spouse. Financial content is required for children after parents divorce.
- Stepchildren and stepmothers, guardians and trustees, according to family law, are part of the family, although they are not hard-earned. They and their children have rights and obligations, as between relatives.
- Parents have the right not only to raise children, but also the duty of their education and development.
- Children have the right to support, protection in the family. They also have the obligation to provide disabled parents when they are 18 years old.
Respecting the rights and obligations should not be to the detriment of other family members. This is enshrined in article 7 of the RF IC. So, it is necessary to observe silence when someone is resting. Otherwise, realizing your right, you violate the interests of another person.
Before the law, all family members are equal. No one has any privileges. And every person has the right to protect their rights, excluding their abuse (Article 64-66, 69 of the RF IC).
The family is an important unit of society, because it is necessary for the harmonious development of people. That is why the legislation establishes the norms of behavior in it, as well as responsibility for the violation of rights.