Ребенок как субъект семейного права: от пассивного до пассионарного восприятия возможного и должного
Year: 2024
Type: article
Abstract: The article examines the elements of a child's family legal status: the moment of "launching" his legal capacity, legal capacity as a dynamic component of legal personality and the prerequisites that largely determine the features of family legal status, the construction of children's responsibilities. The options for correcting the definition of the concept of "child" are proposed. The elements of the "quasi-legal capacity" of the unborn child are recorded and demonstrated. The variants of intersectoral interaction of the child's legal capacity structure are analyzed, including conflicts between branches of legislation, as well as the not always justified differentiation of a child's legal capabilities depending on his age. Attention is drawn to the complete disregard in the family law of the construction of children's responsibilities, which are indirectly or directly fixed in a number of branches of Russian legislation (on education, labor, administrative and criminal liability), as well as in foreign law.
Source: Demidov Law Journal
Author: Nadezhda N. Tarusina
Institution: Yaroslavl State University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4408728688