Family law as an independent branch of law is the system of legal norms regulating family, that is personal and derived from those property relations that arise between people because of the conclusion of marriage (the marriage), consanguinity, adoption and adoption of children in a family on education.
In the area of family law, Institute of private international law play a significant role Hague Convention on the settlement of conflicts of laws in the field of marriage (1902); on the settlement of conflicts of laws and jurisdiction regarding divorces and legal separations (1902); on conflicts of laws regarding personal and property relations of spouses (1905); the Convention on the marriage and declared void (1978); Convention on the law applicable to the regime of property of spouses (1978); Convention on the recognition of divorces and legal separations (1970) and others.
The substantive family law of the various States have a wide variety that creates, in practice, the collision occurs at the solution of various issues of marriage and family relations. Continue reading
Modern society could not exist without ordered structure, which properly provides for “strength” and at the same time the flexibility of this system. The total area can unite people in the state, the General interest in the party and movement, etc. But each of these associations involves only part of the human personality and in a short period of time (sustained attention state to person is totalitarianism, and the self-sacrificing altruists are willing to give all for the sake of “business party” in history can be counted on the fingers). To combine the contradictory nature of human individuality and the public interest allows family. Like any social institution, the institution of marriage and the family the necessary a system of legal norms, which is a Family law (Family code).
In the new socio-economic and political conditions of development of the Russian society underwent major upgrading of the main branches of the law of our state, including civil and a closely related family. So from 1st March 1996 enacted a new Family code, which together with the Constitution and the Civil code of the Russian Federation, the Convention on the rights of the child and other international acts – is the main source of family law. Continue reading
Brachiolaria relationships are complex relationship of personal property and non-property character, based on kinship ties and regulated by the rules of civil (in the broad sense of the word) right. In many countries there is no family law as an independent branch of law, and family law relations are regulated by civil law (Germany, Switzerland, France). In most modern States separated from family law civil, codified and is an independent branch of law (Russian Federation, Algeria, Eastern Europe and Latin America). Continue reading