Проблемы правосубъектности семьи: быть или не быть

Abstract

The article is devoted to the study of question of the presence or absence of the legal personality of family. The author analyzes the prevailing doctrinal positions on this issue: 1) family has no legal personality; 2) family collective is an independent subject of law; 3) family is a quasi–legal entity, it is characterized by partial legal personality. Various models of the realization of the common interests of family members are outlined, the problems of the legal consequences of actions committed by a family member not in the interests of the family collective are touched upon.