Some theoretical aspects of the importance of civil law mechanisms in the realization of the rights and responsibilities of the mother
Keywords:
civil law mechanism, civil legal capacity, legal capacity, subjective civil right, parents, mother,; minor citizen, child, exercise of rights, performance of dutiesAbstract
The object of the study is the legal relations that develop in the process of exercising rights and fulfilling duties of the mother as one of the parents. The purpose of the work is to substantiate, using the example of individual provisions of the Civil Code of the Russian Federation, the importance of civil-law mechanisms that ensure the mother's exercise of her rights and fulfillment of duties. The following tasks are set: based on the analysis of the provisions of civilistic science on civil legal capacity and legal capacity to prove their relationship with the legal status of "parent", "mother"; to establish the main civil law mechanisms, without the application of which it is impossible to implement the rights and obligations of the mother, stipulated by the family legislation of the Russian Federation. The practical significance of the study consists in the possibility of using the author's conclusions in the practice of applying the norms of civil law, in which the status of "parent", "mother" is legally significant. The rights and legally protected interests of the child in such cases will have priority. The results of the study can be presented in the following main conclusions. The status of the mother has not only family-law, but also civil-law significance. Without the use of civil-law mechanisms, it is impossible to implement the parental rights and duties of the mother. The implementation of the mother's own subjective civil rights and duties, as a rule, requires taking into account the rights and legitimate interests of her child. The methodological basis of the study was the dialectical method of cognition of socio-legal phenomena. In addition, general scientific methods (in particular, general logical methods of theoretical analysis), interdisciplinary methods (axiological, method of system analysis) and specialized methods of legal sciences (formal legal, method of technical and legal analysis, specification, interpretation) were used.