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Family ties are not only a social category, it has an important legal significance. From a legal point of view, many rights and obligations arise from the presence of family ties. For example, the obligation of parents to raise children directly arises by virtue of the origin of the latter, and the right to inherit property depends on the degree of kinship with the deceased. Let us consider what is the influence of family ties on the volume of legal relations between people.
What are family ties
Kinship relations are social relations between people that arise from the fact of the origin of one individual from another, as well as several individuals from one ancestor.
According to the degree, close and distant kinship are distinguished, and according to the presence of family ties, direct and indirect. It should be noted that in relation to direct family ties, a direct ascending line of kinship and, accordingly, a descending line are distinguished separately.
From a legal point of view, only legally established ties matter. In other words, even if people are related to each other, such ties will entail the mutual emergence of rights and obligations between them not in all cases, but only when it is established by law.
In this case, it is difficult to overestimate the concept of family, kinship and property, their legal and legal significance, because many rights and obligations are directly related to the presence of family relations. For example, parental responsibilities stem from the fact of paternity or motherhood, and legal relations of inheritance stem from the fact of kinship with the testator.
In legal terms, it is important to clearly understand whether relatives are close or not. Therefore, if a question arises whether the list of close relatives in family law is exhaustive or not, one should be guided by the relevant provisions of the Family Code of the Russian Federation.
The legislative framework
Questions of family relations are regulated by the Civil Code Russian Federation(part three), as well as the Family Code of the Russian Federation. In addition, since the establishment of family ties takes place through the courts, one should be guided by the relevant provisions of the Civil Procedure Code of the Russian Federation.
What are the degrees of relationship
It can be difficult to figure out who is related to whom, because the variety of family ties and the terms used to refer to them is very large. Often people are confused in such terms as “stepson”, “stepdaughter”, “stepmother”, “brother-in-law”, “sister-in-law”, “brother-in-law”, they are not able to understand which of them have official status, and which are used only in everyday life . Many people are increasingly turning to archives in order to recreate the family tree of kinship.
According to the degree of kinship, two lines are distinguished: straight and lateral. A straight line can be ascending or descending. The difference between the lateral line and the straight line is manifested in the fact that with the lateral line several persons are descended from common ancestors. With a straight line, the connection is obvious, for example, father and son.
According to the presence of blood relations, blood and heterogeneous kinship is distinguished.
It is very convenient to study family ties in tables that are easy to find on the Internet today.
It should be noted that the first-degree relationship (parents and children) and the second degree (grandparents and grandchildren) refer to the direct relationship. As for lateral kinship, brothers and sisters are a clear example of it.
The question of what the degree of kinship is and what significance it has very often arises in the legal relations of inheritance, where disputes often arise between relatives, who and in what order has the right to claim the inheritance and why some heirs in this case receive a priority right over others . In this regard, it is very useful for every citizen to understand how to determine the degree of kinship in a Russian family.
First degree relatives
Since, in accordance with the law, the degree of kinship is determined by the number of births by which relatives are separated from each other, it is logical that the law refers to the first degree of kinship the closest relatives, those who are directly related to each other in a direct blood relationship. Thus, relatives of the 1st degree of kinship (separated from each other by one birth) are parents and children.
Here it is necessary to take into account that the current legislation provides for cases when people who are not related by blood relations, due to the implementation of the opportunities provided for by family law, acquire the status of relatives of the first line of kinship.
This takes place, for example, during adoption, when the child becomes a member of the family, although the blood of the adoptive parents does not flow in his veins. Such a child in the family will have the same rights and obligations that are provided for natural children.
Relatives of other degrees of kinship
The second degree of kinship includes people separated from each other by two births. For example, grandfather, grandmother and their grandchildren are the second degree of relationship.
There are other degrees of kinship, for example, the third includes great-grandfather, great-grandmother and great-grandchildren, as well as uncles and aunts in relation to nephews. Cousins, on the other hand, will already be in the fourth degree of kinship, as well as great-grandparents with respect to great-nephews. But cousin uncles and aunts in relation to cousin nephews are already the fifth degree of relationship. The sixth degree will include second cousins.
The meaning of kinship in inheritance
The degree of kinship during inheritance determines the right of certain relatives to inherit. In legal relations of inheritance, the right to receive property directly depends on the presence of family ties. In this regard, a lot of questions always arise, for example, to what degree of kinship should your spouse be attributed.
According to the law, the spouse belongs to the line of heirs of the first degree, that is, along with the children and parents of the deceased, he receives the right to inherit the corresponding share in the property of the latter.
However, the mere presence of family ties does not give the right to inheritance. According to the law, the call to succession of heirs of the first stage automatically excludes the possibility of inheritance by representatives of subsequent stages. In other words, the order of kinship according to the law is necessarily observed when receiving an inheritance in Russia.
What are the kinship groups?
From a legal point of view, it is important to understand which of the types of kinship play a role in legal relations between relatives, and which are more of a social than legal significance. In this regard, it is necessary to understand which types of kinship give rise to certain legal relations.
A complete scheme of kinship relations involves the indication of absolutely all types of kinship, including such concepts as, for example, brothers-in-law, matchmakers, and so on. In connection with the variety of types of family ties, it is advisable to consider only the main, most common types.
The first group includes blood ties, for example, parents and children, grandparents, brothers and sisters. This includes cousins, as well as second cousins and sisters.
The second group, respectively, consists of unrelated ties (parents of the spouse, his brother or sister).
If we consider kinship not in a narrow legal field, but more broadly, then traditionally one can rank among relatives, for example, godparents. However, from a legal point of view, such kinship will have no meaning.
Sometimes you can also come across a rather unusual name for an ordinary layman in the name of family ties. For example, not everyone will be able to understand that a “daughter” is an aunt’s nephew, and a brother’s son is a “brother”.
Relatives who are related by blood
Blood relations consist only of those relatives who are related to each other by origin. This can be either uplink or downlink communication. Depending on whether this or that relative has a consanguinity or not, the volume of mutual rights and obligations between people depends.
This trend can be traced, for example, in the legal relations between parents and children arising by virtue of descent. Everything is clear here, but are the parents themselves related to each other? In this case, the ties that arise due to marriage are not blood or direct relationship, but only acquired.
In addition to parents and children, blood relatives include brothers and sisters, grandparents and grandchildren, uncles, aunts and nephews, as well as other relatives, provided that they are related by descent. Thus, it is the origin that is the key factor in the presence of consanguinity.
The concept of "close relatives"
Unlike consanguinity, close kinship is a broader concept. The term “close relative” itself has found its consolidation in Article 14 of the RF IC, according to which close relatives are understood as brothers and sisters (both full-blooded and not), and, of course, parents and children, and in addition grandmothers, grandfathers and grandchildren .
As we can see from this definition, blood relatives and close relatives are largely overlapping concepts, although blood relatives are understood to mean a slightly wider range of subjects.
For example, according to the current legislation of the Russian Federation, when adopting, the status of an adopted child is no different from the status of a consanguineous child.
Thus, such types of kinship as consanguinity and closeness often overlap, but do not completely coincide. At the same time, an adopted child will actually be considered a natural child, with absolutely the same scope of rights as if he had a biological origin from the adoptive parent.
Other blood relatives
When considering the issue of consanguinity, one should not forget that, in addition to parents and children, grandparents and grandchildren, as well as brothers and sisters, others also belong to this category, for example, cousins, second cousins or fourth cousins.
Fourth cousins include such relatives who have a common great-grandfather and great-grandmother; according to the degree of kinship, they are four-generation relatives.
Thus, the determining factor for determining whether siblings are blood relatives to each other will be the presence of a common ancestor, for example, if they have a common great-grandmother.
If the grandmother or grandfather had a brother or sister, then, accordingly, their grandchildren will be your second cousins or sisters.
But cousins will be children born in the marriage of a brother or sister of your parents.
The term cousin is used to refer to cousins. Therefore, if the question suddenly arises, who is a cousin in family ties, then this is a cousin.
Relationships arising in marriage
When concluding a marriage, the question may arise for the spouses, in what degree of kinship are they in relation to each other? After all, there is no blood connection between them, but at the same time, marriage is family ties. According to family law, spouses cannot be close relatives, because marriages between them are expressly prohibited by law.
Legal relations arising in marriage are family-legal relations between persons related by property.
Property is a relationship that arises due to the conclusion of marriage by spouses and, in addition to creating a family, entails the emergence of family ties between the relatives of the wife and husband.
In other words, before marriage, the relatives of the spouses are not related to each other in any way, but after the newlyweds create a family, there is also a relationship between the two clans, respectively, now they are “in-laws”.
For the emergence of this kind of family ties, of course, the first condition is marriage.
If a man and a woman are married, then their relatives become in-laws among themselves. So, for example, if a wife has a brother, then he becomes a brother-in-law in relation to his sister's husband. If, for example, your sister marries, then the sister's husband will become your brother-in-law.
It is interesting that in the intricacies of the names of the connections between the relatives of the husband and wife, there are terms that have several meanings in everyday life at once. So, for example, for a woman who is engaged in acquaintances between men and women in order to create families, the term “matchmaker” is traditionally used, but this term also refers to the mothers of the spouses in relation to each other.
Husband's relatives in relation to wife
The variety of possible family ties sometimes confuses the understanding of who really belongs to whom, so the family ties of the husband and wife must be considered simultaneously with their ties in relation to new relatives (relatives of the husband in relation to the wife and vice versa).
The conclusion of marriage leads to the fact that the relatives of the wife and husband, in turn, become relatives in relation to each other. The closest ties arise precisely with the parents of the wife or husband. In this regard, the husband's mother will be called the mother-in-law, and, accordingly, the husband's father is the father-in-law.
In this regard, the question of the relationship between the spouse's parents is also interesting, not only in relation directly to her, but also in relation to her husband's parents. Who will be the parents of the newlyweds to each other?
So, the husband's mother in relation to the wife's parents and vice versa will be a "matchmaker", and the father, respectively, a "matchmaker".
Simply put, in a related way, a matchmaker is the mother of one of the spouses in relation to the parents of the other.
Relatives of the wife in relation to the husband
The mother of the wife will be the mother-in-law for the husband, the father of the wife will be the father-in-law. A daughter's husband is her parents' son-in-law.
As for the mother of the wife, then, as a rule, in this case, the terminology does not cause difficulties. This is largely due to the fact that the wife's mother is the relative with whom the newly-made husband has to deal more often than with others. Some even call their wife's mother the second mother in everyday life, but the term "mother-in-law" will still be traditional.
Kinship through remarriage
In determining the legal status of children from previous marriages, the official establishment of paternity or motherhood plays a key role. So, if the father of the child does not want or cannot be engaged in his upbringing, then he may be deprived parental rights. At the same time, the subsequent adoption of a child from a previous marriage will result in him becoming the son of the new father. In this case, the non-native son of one of the spouses loses the legal relationship with respect to the biological father.
Rights and obligations of family members towards each other
The main principle in the legal status of family members is respect for the equality of spouses. This, in particular, is reflected in the freedom to choose a professional activity, occupation, profession, place of residence, and so on.
Family ties involve the emergence of property rights and obligations for the spouses, for example, all property jointly acquired in marriage will be considered common.
Confirmation of family ties
Sometimes you have to deal with a situation in which official confirmation of kinship may be required. The latter may be needed in cases where there is a need to establish family ties. For example, this often happens during inheritance so that the notary can identify the relationship of the heir to the testator.
Sometimes a properly executed certificate of kinship (from the registry office) can become a document confirming the relationship. But most often you have to act through the court, by filing a lawsuit to establish family ties.
The theory of family law distinguishes between such concepts as consanguinity and close relationship, singles out direct and indirect (lateral) relationship into separate types. The variety of all kinds of family ties very often complicates the understanding of who is related to whom.
From a legal point of view, only a legally established connection will have value. For example, spiritual kinship does not create any legal relationship at all.
From a social point of view, the importance of family ties is also difficult to overestimate, because each of us is in a difficult life situation counts on the help of loved ones, as well as our relatives rely on us.
Order of kinship in inheritance: Video
Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.
On this page, the most common family ties are considered: who is the uncle and aunt, niece, brother-in-law and daughter-in-law. The connection of relatives is the basis not only for building interpersonal relationships. Relationships between relatives form the basis of family and inheritance law and determine many aspects of life. modern man. Further on the page you can find out how family ties are called, and how people relate to each other.
Husband- a man in relation to a woman with whom he is married.
Wife- a woman in relation to a man with whom she is married.
father-in-law- Husband's father.
mother in law- Husband's mother.
father-in-law- Wife's father.
mother-in-law- Wife's mother.
brother-in-law- Brother husband.
brother-in-law- brother-in-law.
sister-in-law- husband's sister.
sister-in-law- Wife's sister.
brother-in-law- sister-in-law's husband.
son-in-law daughter's husband, sister's husband, sister-in-law's husband.
daughter-in-law- the son's wife in relation to the father.
daughter-in-law- the wife of a brother, the wife of a son for his mother, the wife of one brother in relation to the wife of another brother; also used instead of "daughter-in-law", "sister-in-law", "sister-in-law".
Matchmaker- the father of one of the spouses in relation to the parents of the other.
Svatya- the mother of one of the spouses in relation to the parents of the other.
grandfather (grandfather)- the father of the father or mother.
Grandmother (grandmother)- the mother of the father or mother.
Great Uncle- father's or mother's uncle.
Great-aunt- mother's or father's aunt.
Grandson, granddaughter)- son (daughter) of a daughter or son in relation to a grandfather or grandmother. Accordingly, a cousin (granddaughter) is the son (daughter) of a nephew or niece.
Nephew niece)- son (daughter) of a brother or sister (relatives, cousins, second cousins). Accordingly, the child of a cousin (sister) is a cousin, a second cousin (sister) is a second cousin.
Great-nephew (niece)- grandson (granddaughter) of a brother or sister.
uncle (uncle, uncle)- the brother of the father or mother, the husband of the aunt.
Aunt (aunt, aunt)- the sister of the father or mother in relation to the nephews. Uncle's wife in relation to his nephews.
One womb (brother, sister)- having a common mother. Half-blooded (brother, sister) - having a common father, but different mothers. Consolidated (brother, sister) - being a brother (sister) by stepfather or stepmother.
Cousin- being related by grandfather or grandmother with the children of their sons and daughters.
Second cousin- the son of a great-uncle or great-aunt.
Cousin- the daughter of a native uncle or native aunt.
Second cousin- the daughter of a great-uncle or great-aunt.
Kum, kuma- godfather and mother in relation to the parents of the godson and to each other.
Stepmother- father's wife in relation to his children from another marriage, stepmother.
Stepfather- mother's husband in relation to her children from another marriage, stepfather.
Stepson- a non-native son of one of the spouses, who is related to the other spouse.
Stepdaughter- a step-daughter of one of the spouses, who comes as a native to the other spouse.
Adoptive father (mother)- adopted, adopted someone.
Adopted son (daughter)- adopted, adopted by someone.
Adoptive son-in-law (primak)- son-in-law adopted into the wife's family, living in the wife's house.
Do you believe in the existence of your soul mate on this planet? Or even not one? When do you meet a person and realize that you have known him all your life and even knew him many lifetimes ago? Sometimes this feeling may well be a delusion or just what you want to believe. How to understand whether you really met emotionally and spiritually (or spiritually) a person close to you? Are there kindred spirits?
● Are there soulmates at all?
Yes! Just believe in such magic of the universe. This is the person with whom you are connected much more deeply than with the rest. You understand each other perfectly and you are magnetically attracted. You always have something to talk about, and you do not lose this interest.
● How to understand that you are lucky to meet such a soul?
Such a person treats you with cordiality and kindness, he brings out the best in you (and you in him too). This is not just a comrade and like-minded person who shares some common interests with you. In fact, a soul mate may not even have many points of contact with you, but you are still somehow magically attracted to each other. This is an absolutely inexplicable relationship in which the two of you are together, you do not pretend and remain yourself, becoming.
Besides, your affection is unconditional. Kindred souls hear each other and offer their shoulder, even if the partner does not do the most plausible deeds. Such a person will also confidently voice criticism to you if you need to sober up something. He is near you and pulls out of you into the light of your best qualities, motivating to become more successful and positive.
You went through difficulties together - the loss of a loved one, dismissal or a losing streak - and you got out of these difficulties together, becoming even stronger and more hardened. In addition, you teach each other to think rationally and give acceleration, stimulating progress. Moreover, you accept the imperfections and oddities of each other, while feeling quite normal. Finding that kind of soul mate doesn't mean writing a checklist of the right qualities that you're attracted to in a person. It is difficult to understand with the mind, but you clearly feel it when you communicate with "your" soul mate.
● Is it possible to make a mistake?
Sometimes you may decide that this person is definitely your soul mate. But people tend to make mistakes and wishful thinking. You can convince yourself that you and your partner are real soul mates, even if this is not at all the case. And you can also find a loved one and push him away from you because of your personal problems. And your soul mate may, for their part, let you go. Because this person subconsciously knows that this is best for the two of you.
If it seems to you that you still met this soul mate, then you will have to work hard to build a relationship. And then make changes if necessary. Such communication is worth maintaining when both of you feel at the level that this is right.
By the way, do not draw a parallel between a soul mate and a partner (spouse, other half). Sometimes it can be just the best, regardless of gender.
● Is this a frequent occurrence?
Based on research related to divorce, infidelity, and relationships, relationship satisfaction declines over time as people begin to look for a companion or companion to fill some void in their lives. Not always such a friend can be a kindred spirit. Most often, this is just a fellow traveler on this stage life. Kindred souls are not an ordinary phenomenon, but rather a rare meeting and luck.
There is a certain name. Kinship can be consanguineous and non-consanguineous, arising as a result of marriage. The latter is otherwise called a property.
blood relatives
The closest relatives are the parents (mother and father) and their children. People who have common parents, brothers and sisters. If there is only one common parent, such brothers and sisters are called half-blooded: half-blooded (common mother) or half-blooded (common father).
Some nuances are introduced by the second marriage by the parent. The second wife of the father is the stepmother in relation to his children from the first marriage, and the second husband of the mother is the stepfather. Children in relation to the stepmother or stepfather are stepsons and stepdaughters.
The parents of the father or mother are grandfather and grandmother. The parents of a grandfather or grandmother are called great-grandfather and great-grandmother, their parents are called great-great-grandfather and great-great-grandmother. The children of a son or daughter are called grandchildren, the children of grandchildren are called great-grandchildren.
It is customary to call children or sisters nephews, and brothers and sisters of parents - uncles and aunts (aunts).
In relation to people who have common ancestors in the second generation, the term "cousin" is used. For example, cousins are children of brothers and sisters of parents, they do not have common parents, but there are common grandfathers and grandmothers. The parents' cousins are called cousins and aunts, and the nephews of cousins are called great-nephews. The brothers and sisters of the grandfather and grandmother are called great-grandparents, and the grandchildren of brothers and sisters are called great-nephews.
In the presence of common ancestors in the third generation, the term "second cousins" is used in the same way.
relatives
When people get married, their family members are included in new family ties. In some cases, their names fit into the system of terms of consanguinity. For example, an uncle or an aunt can be called an aunt's husband or an uncle's wife, a nephew - not only your nephew, but also the spouse's nephew. But for most of the relatives there are separate names.
The daughter's husband is called son-in-law, and the son's wife is called daughter-in-law or daughter-in-law. The husband's parents are the father-in-law, the wife's parents are the father-in-law and the mother-in-law.
Brother is brother-in-law, and his sister is sister-in-law. The wife's brother is the brother-in-law, the wife's sister is the sister-in-law.
A daughter-in-law is not only the wife of a son, but also the wife of a brother or brother-in-law. However, for the brother-in-law's wife there is another designation, which is now rarely heard - yatrov.
spiritual relationship
Christians have a special relationship, generated by the "second birth" of a person - the sacrament of baptism.
The recipients for the newly baptized become godfather and godmother, and he becomes their godson. For the parents of the godson and for each other, they become godfather and godfather. The parents are also called in relation to the godparents of their child.
The children of the godfather or godmother are the godbrothers and sisters of the godson.
Once upon a time there was such a thing as milk brothers and sisters. Such non-blood "kinship" connected people who were fed by one woman, but who were not brothers and sisters. Currently, such feeding is prohibited by law, therefore, today's children will no longer have milk brothers and sisters.
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