The Principles Of The Exercise Of Subjective Family Rights: Doctrinal Approaches To The Concept

  • M.V. Lohvinova
Keywords: principles of the right, principles of the family right, the subjective family rights, principles of the exercise of subjective family rights

Abstract

Among the variety of principles of law, the author focuses on the study of law enforcement, an integral part of which are the principles of exercising subjective rights. The article argues that the principles of the exercise of subjective family rights should be considered as a subspecies of the principles of family law. To confirm this thesis, the article answers a number of the following theoretical questions: 1) what should be understood by the principles of the exercise of subjective family rights; 2) what is their relationship with other principles of law, in particular with the principles of family law; 3) whether the principles of exercising subjective family rights are different from the general principles of exercising of rights (first of all, from the principles of exercising subjective civil rights), and what are their characteristic features.

The concept of the principles of the exercise of subjective family rights is formulated by the author as a set of basic (guiding) regulations that indicate the limits of possible and appropriate behavior in the exercise of subjective family rights, as well as determine the content and direction of relevant legal regulation.

At the same time, the author proves that the principles of the exercise of subjective family rights are derived from both intersecesical (civilistic) principles of exercise of rights and from the sectoral principles of family law.

The principles of the exercise of subjective family rights are characterized by a set of features, as they have: objective character (reflect the existing patterns of legal regulation of relevant family relations); normative character (enshrined in the rules of law in direct or indirect form); systemic character (is a systematized set of basic provisions that cover all aspects of legal regulation of specific family relations); special character (are derived from the legal principles of the highest level and reflect the peculiarities of the realization of subjective family rights).

Published
2021-05-16