Defining the family as a legal category and a special phenomenon of social relations

Abstract

Introduction. The article compares different definitions of "family", as the category of family is complex not only in terms of family law, but also in many sciences, such as philosophy, psychology, pedagogy, ethnography, demography, economics and sociology. Each branch of knowledge is of interest to the family in the "context" of their subject and methodology.

Summary of the main research results. In legal science, primarily in family law, this category is considered from the standpoint of its legal protection, primarily in connection with the protection of the rights and interests of individual family members. To properly understand the category of the family, it is necessary to define the functions of the family, which will ultimately determine the legal category of the family.

It was found that no consensus was reached on the characteristics of the family. Among the features of the family - cohabitation, coexistence and residence, in addition to them - the existence of mutual rights and responsibilities, joint management, mutual moral and material support, etc., so the following legal definition of the family was proposed: "Seven is a legal relationship between persons based on marriage, kinship, adoption and other legal grounds, which is expressed in the fact that they are equally endowed with mutual personal non-property and property family, rights and responsibilities, common life, common interests and mutual legal responsibility ".

Taking into account the specifics of family rights guaranteed by Art. 8 of the Convention, the settlement of legal facts in the family law must take into account the limits of state influence on family relationships, as well as to maintain a balance in the regulation of general legal relations and private family relations of a personal nature, which in general should not be regulated by law or should be subject to minimal regulatory influence.

Conclusions. Having a legal record of the term "family" will determine which social relations in the family should be protected by law, and which - to leave to regulate morals, customs, traditions, as family law should not regulate. all the relationships between people in the family, but only the most important among them.