Abstract

In a scientific paper, the author explores the concept, principles and limits of the exercise of subjective family rights.
 The concept of the exercise of family rights is defined as the actual actions of subjects of family legal relations, consist in the management of their personal non-property and property subjective rights, which are defined by the norms of family law.
 It is noted that the peculiarities of the exercise of rights by subjects of family legal relations are evident in determining the moment from which the process of implementation of subjective law will begin. Subjects of family legal relations exercise subjective rights independently and at their own discretion.
 In the exercise of family rights, subjects of legal relations are guided by societeoretic principles, ideas that in science have been called «principles of the exercise of subjective rights.»
 The author highlights the basic principles of the exercise of subjective family rights: 1) participants in family legal relations have different subjective rights; 2) rights and obligations exist in connection with the family; 3) subjects of family legal relations exercise their rights freely, at their own discretion, without violating the rights, freedoms and interests of others; 4) the subject of family legal relations may not lose family law; 5) in the exercise of family subjective rights, participants of legal relations must observe the moral foundations of society; 5) the exercise of family rights may take place depending on the nature of the right by one-time, periodic actions or continuous activities.
 An important issue that requires research in the context of the exercise of rights by subjects of family relations is the notion of «limits on the exercise of subjective rights.» As a general rule, participants in family legal relations exercise family rights at their discretion, but this does not indicate absolute freedom in their actions.

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call