Личное доверие как принцип семейного законодательства

Abstract

Relevance. Over the past two decades, the process of transformation of familiar forms of family legal relations has sharply intensified, determining the emergence of new, previously unknown or even condemned relations in society, which are gradually legalized in family legislation. The principles of family law remain intact, despite the significant impact of society. However, one of the most important principles of building and implementing family relations - personal trust, has not found its legislative consolidation yet, which, it seems to the author, significantly impairs the quality of the basic principles of family legislation. The purpose is to justify the need to establish the principle of personal trust as the basic principle of family law. The objectives of the study are as follows: to determine the meaning of personal trust as a sign of family legal relations; to identify the specific use of the concept of "personal trust" in judicial practice; to substantiate and formulate proposals for amendments to the Family Code of the Russian Federation in terms of consolidating the principle of personal trust in its norms. Methodology. The article is made on the basis of the dialectical method of scientific knowledge, methods of analysis and synthesis, logical and system analysis, formal-legal. Results. In the course of this research work, the need to give personal trust the status of a principle (the basic principle of family law) was substantiated. Conclusion. Personal trust is an indispensable feature of family relationships, because it is the basis of normal relationships between the participants. "Personal trust" largely predetermines the actions of people not only in ordinary life, but also when it is necessary to make decisions of a legal nature. The author justified the necessity to legalize personal trust as a principle of family law by introducing an appropriate addition to paragraph two of article 1 of the Family Code of the Russian Federation.