The status of a family member and its impact on participation in civil legal relations

Abstract

The article examines the issue of participation of family members in civil legal relations. Cases are considered when the status of a family member is the basis for the emergence, change and termination of certain rights and obligations. The status of a family member gives such a person rights and establishes duties; provides for prohibitions and restrictions; benefits, etc. The problem of determining the status of a family member is also analyzed as a solution to legal relations in connection with the presence of such phenomena as family interest, which is a manifestation of the peculiarity. Due to the fact that in this case there is a clash of civil law and family law mechanisms for the exercise of rights, when the provision that citizens (individuals) acquire and perceive situations with their civil rights of their will and in the interests (paragraph 2 of Art. 1 of the Civil Code of the Russian Federation) adoption of the provisions of family law on the resolution of intra-family issues by mutual agreement. It is concluded that the purpose of legislative changes should be to maintain a balance between the rights and interests of an individual and the rights and interests of the family and family member as a subject of rights