Family Law refers to the set of rules that regulate the institution of the family from its natural and social perspective. Family Law falls within Civil Law, and the main aspects that govern are marriage, filiation, and guardianship of minors or the disabled. So, the factor is what is a family in family law.
What is Family Law? And What is a family in family law?
By family law, it is understood the set of legal norms, which members of civil law regulate the family, understood as a natural and social institution, in all its aspects of private law.
A family is A fundamental unit of society, which performs functions that involve satisfying the protection, affection, and security needs of each of its members; also the socialization of children and young people, the affirmation of cultural, social and individual identity and the generation and reproduction of the workforce.
Family law fundamentally regulates three aspects:
a) Marriage, in turn, includes the legal norms related to both its celebration and its personal and economic effects, including matrimonial property regimes, and the different crises such as nullity, separation, and marriage.
b) Filiation includes both marital and extramarital and adoptive filiation, and lastly, parental authority.
c) Guardianship comprises the set of legal norms regarding the care and protection of minors or disabled persons not subject to parental authority.
And starting from family relationships derive individual rights. Here are some of the reasons that are created:
- family status (powers, duties, rights);
- family solidarity rights such as assistance, loyalty, collaboration;
- rights of family freedom such as, above all, marriage;
- family authority: they are the powers of the parent to maintain, educate, and educate (MEI) the children and take care of their assets.
All the rights listed are absolute, unavailable, imprescriptible, of public order, subject to particular criminal protection, and very personal.
What characterizes Family Law?
Family Law is a branch of Private Law and, therefore, of Civil Law. It has its own and defined characteristics, although they do not allow it to be ascribed to Public Law. Since we will see it intervenes in the family sphere, nor separate it from the Private, make it have a distinctive appearance.
As characteristic notes, we can highlight the following:
- It has a marked ethical character or content. Influencing it, in the legal field, religion and morals influence like this, to the point that the law often appropriates ethical precepts to turn them into legal rules.
- The existence of public factors, insofar as the basic rules on which the family is organized, is included in the constitutional text. This is regulated and protected by the state, being able to speak of a “family public order.”
- It has an existence of a close connection between the legal-family institutions and the civil status of the people. Since the latter marks the condition of the person, due to the characteristics and conditions, the position occupied within the family can be decisive in some marital states.
- The fundamentally protective purposes assigned to the family transcend strictly individual interests, as we have previously warned so that their fulfillment cannot be left to the discretion of the individual or of any or all the individuals that makeup said family unit.
In summary, a person is free not to marry but, when he gets married, he must accept the rules that regulate marriage in full without being able to put terms, conditions, etc. on it. The regulations that fall under this branch of law are often free of penalties because the obliged are induced by principles that relate to religion, ethics, and more. It is, therefore, necessary to understand, “What is a family in family law?”. Only then will you be able to understand the basics of family law.