Applied nature of legal facts in family legal relations

Abstract

For the analysis of legal facts in family law and their applied role, the criterion may be the degree of compliance of family law norms with generally accepted ideas of justice, good faith, reasonableness, since unfair legislative norms are especially unacceptable in regulating family relations, as factors that determine physical and mental health. health and moral potential of society. Legal facts and their compositions, which determine the emergence, change and termination of relations, play a special role in family law. Combining the norms of family law with social relations that are part of the subject of the branch of family law, legal facts transform social relations into legal ones. Legal facts are essentially the basis for the differentiation of the legal regulation of family relations. The study of this topic is of interest both for rule-making and law enforcement activities, and for the development of the science of family law in general. The law enforcement agency must not only establish all the legal facts necessary to resolve the case, but also properly qualify them. Analyzing judicial practice, the author notes that the problem of establishing the legal nature of law-terminating legal facts requires its scientific solution, taking into account the existing factual or legal circumstance of reality.