Problems of subjects and legal personality in family law

Abstract

In family legislation, unlike civil legislation, the subjects of legal relations are not directly named. In addition to the disparity of norms concerning subjects of family legal relations, the mobility of the composition of such persons, due to the evolution of society and law, is a problem. A comparative analysis of the norms of law and doctrinal positions is carried out, as a result of which various classifications of subjects of family legal relations are identified, the inclusion of organizations and public legal entities, the family as a quasi-legal entity, is justified.
As a result of the introduction of the institution of the foster family, new special subjects of family legal relations appeared — foster children and foster parents. In connection with the development of assisted reproductive technologies, the issue of qualification of potential parents, sperm donor and surrogate mother as subjects of family legal relations has been raised. There is a problem of legal qualification of the embryo. The problems associated with the legal personality of participants in family legal relations are revealed: the mixing of marital and family legal personality, the absence of separate norms on family legal capacity and legal capacity, etc. It is proved that the scope of family legal personality varies depending on age, a number of other legal facts, including other sectoral nature; it is associated with the goal-setting of the exercise of rights and performance of duties.