Problems of subsidiary application of civil legislation to family relations
Keywords:
legal regulation, family relations, civil law, family law, norms, subsidiary application, practice, doctrine, interpretationAbstract
The study substantiates the need to use civil legislation in order to regulate family relations, in addition to family law, through the subsidiary application of certain norms of civil law. The purpose of the study is to identify family relations, in the regulation of which gaps in family legislation can and should be filled by applying the provisions of civil legislation. Applying the comparative method, the method of system analysis, and the method of expert assessments in the course of the study, the author identifies the unjustifiability and unreasonableness of some approaches of the courts to the problem of filling gaps in family law with the help of civil legislation. The study concluded that, wherever possible, it is necessary to fill in the gaps by making changes to family legislation, but to avoid decisions that contradict the essence of family relations and the interests of the family.