The family is an object of research in numerous sciences – sociology, biology, medicine, psychology, historical sciences, philosophy, and, last but not least, legal sciences. This makes it difficult to develop an all-encompassing definition. Family relationships, that present a complex nature, have a bearing on the definition of the family notion. Find out more on the notion of family at this url.
The family can represent:
– a biological reality, through the union that takes place between a man and a woman, and through procreation;
– a social reality through the community of life among the people who join in;
– a legal reality due to the regulation of an important category of relationships between people through legal norms;
– a specific form of human community, made up of a group of people united by marriage, parentage, and kinship;
– an entity of personal interactions and interrelations between husband and wife, parents and children, and other relatives;
– a social group made through marriage, made up by people living together, that have a common household, are linked through natural biological, psychological, moral and juridical relationships.
According to Skuros Law, from a legal perspective, the family is defined by specialists as:
– a form of organizing the common life of people linked to one another by marriage or by kinship;
– a group of people between whom there are rights and obligations arising from marriage, kinship (including adoption) and other relationships assimilated to family relationships;
In our opinion, the family – in the broadest sense, encompasses all persons united by marriage, natural or civil kinship, as well as persons between whom have been established relationships similar to those resulting from marriage or from kinship.
In other words, in this sense, the family groups all people who descend from each other or from a common author. In a narrow sense, the family is reduced to the spouses and their minor children; of course, family exists also just in the presence of spouses, without children.
Family law represents the total legal norms governing both personal and patrimonial relationships resulting from marriage, kinship, adoption, and relationships assimilated by law, in some respects, with family relationships in order to protect the family.
Family law, as a branch of the legal system, regulates the relationships between members of a family, as well as those between them and others. In other words, the subject matter of regulating family law is made out of family relationships.
These are:
– marriage reports related to: marriage, personal and marital effects of marriage, dissolution of marriage;
– family relationship. The family’s rules regulate the conditions in which the relationship to the mother and father is established, the legal situation of the child born inside or outside of a marriage;
– Relationship resulting from adoption. Family law also includes provisions on the ending and approval of the adoption, the persons between whom adoption may take place, and the patrimonial relationships resulting from adoption;
– Some relationships that are assimilated by law, in some respects, with family relationships.
There are some relationships that, although resulting from marriage or kinship, are not governed by family law, for example inheritance relationships between members of a family or civil law relations.
To conclude, family law addresses the family with all its implications and is a branch of the law. Family law encompasses all the legal norms governing the patrimonial and non-patrimonial legal relationships arising from marriage, kinship and adoption, aimed at protecting and strengthening the family. Family is a form of social relationship between people linked to each other by marriage or kinship. Family members include wives, parents and children, as well as sometimes other people with a relationship of kinship. Single spouses, without children, form a family. The notion of family is viewed both from a sociological point of view and from a juridical point of view. Thus, from a sociological point of view, the family is a form of human community that includes a group of persons united by marriage, parentage or kinship. From a legal point of view, the family includes a group of people between whom rights, and obligations arise from marriage, kinship or other relationships that are assimilated to family relationships.
