ON THE QUESTION OF ABRIDGEMENT OF FAMILY CAPACITY Cover Image

К ВОПРОСУ ОБ ОГРАНИЧЕНИИ СЕМЕЙНОЙ ДЕЕСПОСОБНОСТИ
ON THE QUESTION OF ABRIDGEMENT OF FAMILY CAPACITY

Author(s): Gelyusa Khadiyevna Garaeva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Sociology, Family and social welfare
Published by: Казанский (Приволжский) федеральный университет
Keywords: family capacity; civil capacity; incapacitation; minors; parents and children; adoptive parents; tutors and trustees; foster parents;

Summary/Abstract: The article analyzes the grounds for abridgment of family capacity. Taking into consideration the connection between civil and family law, one can conclude that the restriction of family capacity depends on deprivation or restriction of legal capacity. The author examines the cases of incapacitation depending on its types, in particular, the conditions of abridgments in marriage, parenthood, adoption, and tutorship. It is shown the following characteristics may serve as grounds for abridgment of family capacity: age, gender, citizenship, unwillingness to contract a marriage, or other circumstances contradicting the interests of a child, a spouse (spouses), an adoptive parent (adoptive parents), or other subjects of family law and third parties.

  • Issue Year: 156/2014
  • Issue No: 4
  • Page Range: 63-68
  • Page Count: 6
  • Language: Russian