Problems of application of the civil legislation of Russia to family relations: theory, legislation and law enforcement practice

Автор: Shershen T.V.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское, семейное и предпринимательское право

Статья в выпуске: 1, 2020 года.

Бесплатный доступ

The article is devoted to the problem of the application of the civil legislation of the Russian Federation to family relations, the article contains the analysis of approaches existing in the theory and law enforcement practice to their solution. The author gives an assessment of the most significant changes made to the codified act of the family legislation from the position of their law enforcement effect in the field under consideration. The aim of the article is to determine the content of the concept "the essence of family relations", since the basic condition for the application of civil legislation to family relations, not regulated by family legislation, is the absence of contradiction to the essence of family relations. Attention is drawn to the bill No. 835938-7 "on amendments to certain legislative acts of the Russian Federation (in terms of property relations of spouses)", submitted to the State Duma of the Russian Federation on November 14, 2019, in fact, offering a model of the civil regulation of property relations of spouses without taking into account the family legal component. The author comes to the conclusion that the proposed model of legal regulation of property relations of spouses can lead to a violation of the balance of interests of spouses (spouse) in the name of stability of the civil turnover. At the same time, it is in the sphere of family law regulation that reforms should be exclusively verified, balanced and deliberate.

Еще

Family relations, essence of family relations, family law, family legislation, legal analogy, analogy of law, civil legislation, property relations of spouses

Короткий адрес: https://sciup.org/147226708

IDR: 147226708   |   DOI: 10.17072/2619-0648-2020-1-61-72

Статья научная