INTERRELATION OF RESPONSIBILITY IN FAMILY LAW WITH OTHER TYPES OF LEGAL RESPONSIBILITY


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Abstract

Now still there is urgent a question of definition of the place of institute of family and legal responsibility in system of institutes of legal responsibility, and also its interrelation with other types of legal responsibility therefore work is devoted to a research of a debatable question concerning validity of a possibility of definition of institute of family and legal responsibility as independent institute in system of legal responsibility.

For determination of interrelation of family and legal responsibility with other types of legal responsibility the research of maintenance of family legal relations was also conducted, and also the contents of the terms “marriage”, “family” and “family relations” are opened.

Strong similarity of marriage and family legal relationship to civil legal relationship really give a reason for reckoning of family legal relations to a type of the civil relations. Absence at law of domestic relations of independent measures of legal influence also give a reason for reckoning of this type of legal responsibility to other types of legal responsibility. At the same time, family legal relationship cannot be ranked as a type of civil legal relationship because they are connected with the personal relations exactly in a family and marriage while civil legal relationship have especially paid character.

During the carried-out analysis of legal corrective actions which are involved in the family legislation was it is established that this type of responsibility everywhere uses measures legal influence of other branches of the right that does not belittle a possibility of its independent life at all. Besides, active cooperation with other branches of the right gives the chance to justification of institute of family and legal responsibility as complex and interindustry institute of the right

On materials of the conducted research the valid conclusion that the institute of family and legal responsibility is interindustry complex functional institute of legal responsibility in the sphere of family legal relations is drawn.

About the authors

Yuriy Mihailovich Savelyev

Togliatti State University, Togliatti

Author for correspondence.
Email: yusproc@gmail.com

Senior Lecturer of Department “The constitutional and administrative law”

Russian Federation

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