Доктрина и семейный закон: переосмысление правового регулирования семейных отношений или «усекновение» традиции?

Abstract

The reason for the author’s reflections was one of the relevant publications devoted to the problems of expanding the scope of family unions — from classical matrimony to guest marriage, changing the ownership regime in them depending on belonging to a small or large family, equalising the obligations between parents in relation to their children, as well as between parents and their adult children (in parts of material support). Such an approach, especially in its concretising provisions, seems unacceptable to us. As the main antithesis, we have chosen the postulates about the sovereignty of family law, the peculiarities of family legal relations (between spouses, parents and children) and the actualisation of the task of family law to preserve traditional family values. At the same time, the possibility of subsidiary application of the norms of civil law to family relations is not denied, however, within the strict framework of compliance of their content with the essence of family unions, which excludes the use of methods of formal equality, compensationality and excessive rationalism to them.