Age as a Legal Fact in the Family Sphere: Temptations and Conventionality of the Number of Years

Abstract

The paper examines the meanings of an age as an independent legal fact or an element of a complex legal and factual structure in the family legal sphere. The author states that the legal significance of a person’s age is diverse and ambiguous. At the same time, legislative decisions are based on various factors: conventions of the digital designation of the age report point, respect for national and cultural traditions, including legal ones, considerations about medical and psychological characteristics more or less corresponding to a particular age, subjective preferences or mistakes, purely political (ideological) motives. As a result, the combination of these factors leads to justified or, to varying degrees, unjustified approaches that are extremely approximate in digital terms. The paper criticizes family law provisions concerning regional diversity and regulating the issue of reducing the age of marriage, which does not always reflect the real national and cultural characteristics of the territories and excessively localizes the concept of legal capacity. The author analyzes the differentiation of the child’s age capabilities as a subject of family law, including the context of interaction with relevant decisions in other branches of Russian law (constitutional, municipal, administrative, civil, labor, civil procedure). The absence of a system in this matter is stated. It is proposed to adjust the legislation in terms of systematization of «launch points» of partial legal capacity of minors. The author emphasizes a psychological context of the problem of a legal age for the child. The paper demonstartes other values of age for the family law sphere, namely: invalidity of marriage, alimony obligations, custody and guardianship, adoption (adoption).