A New Vision of Subjects of Family Legal Relations

Abstract

The article examines the features of subjects of family law. As a result of the analysis, the conclusion that family legal relations can arise exclusively between individuals was further confirmed. Various proposals of scientists to expand the range of participants in family legal relations were analyzed, in particular, by including a surrogate mother there. It has been established that the Family Code of Ukraine regulates legal relations with the participation of such entities, which do not directly apply to participants in family legal relations. Among them it is possible to call the actual tutors and pupils, the actual spouses, the former spouses, the guardian, the tutor, other subjects where the orphan children and children deprived of parental guardianship are placed. The rationale for establishing in the Family Code a circle of persons whose relations are not regulated by the Code, but are governed by moral and ethical standards, is justified.

The study of the subject of family law departs from the traditional doctrinal approach, according to which he is analyzed from the point of view of his legal capacity. At the same time, emphasis is placed on the person of the individual, and in fairly atypical cases. In this regard, a special detailed analysis of the following situations (phenomena) has been carried out: the sex of an individual and the change (correction) of gender; the problem of determining the number of natural persons (if they are twins) and the specificity of their participation in family legal relations; the possibility of recognizing a single individual as a subject of family law; the legal status of the deceased person subject to cryopreservation and the prospect of his legal status.

It is established that it is for family law that the sex of an individual (female or male) is very important. Accordingly, the change in gender has very serious consequences for the participants in this relationship. It is justified that their lack of adequate legal regulation is a negative phenomenon. It is proposed to provide in the legislation with a provision according to which changing the sex of one of the spouses is the reason for the termination of the marriage. It has been established that a single person cannot be considered a subject of family legal relations. A detailed analysis of the existing experience of the life of Siamese (united) twins allows us to summarize that there are no and apparently cannot be unified approaches to recognizing their legal personality. Certain problematic issues of marriage and parental legal relations of Siamese twins are considered. A general analysis of the current situation regarding the capabilities of cryonics to preserve the human body (its parts) has been carried out. It has been established that these relationships are gaining popularity, which requires the search for solutions to the legal consequences of thawing such persons, including family legal consequences. During the preparation of the article, the experience of foreign countries and historical experience in the field of family and other related legal relations were actively investigated.