Positive regulation of personal non-property relations of parents and children at the turn of the XIX-XX centuries

Avoiding the traditional scientific method, in which historical cognition of family-legal phenomena occurs due to the simple resurrection of largely known material “from the past”, the author resorts to a discursive method of investigating the problem posed. This method allows you to put the historical and legal knowledge about parental rights and responsibilities into a single logical scheme, part of which is the analysis of the relevant socio-legal environment, which helps to objectively. The author's final conclusions are concluded in the following deductive judgments. The scientific turn on the history of positive regulation of relations between parents and children provides a quite clear vision that in the historical construct “parental authority” in its form, as it was scientifically described and legislatively formulated at the project level at the end of the nineteenth century, the basic essences of child-parent relations were quite convincingly expressed. See the points of extinction and points of continuity in the normative development of this type of relationship. These include marriage as the basis of parental identification and parental legal obligation; a tripartite interest in regulating the relationship between parents and children (child, parents and the state); the limits and grounds of state intrusion into these relations. The reference point to these points of continuity in modern research is the key to qualitative and promising scientific scenarios in modern research on the problem of parental entitlement.