CONSEQUENCES OF DOCTRINAL DISPUTES ABOUT FAMILY LAW AS A BRANCH OF LAW

Year: 
2017

Article:

Issue: 
1

Author(s): 
Vikharev Aleksey
Abstract: 

The dogmatic disputes about family law as a branch of law and their consequences are considered. Basing on the analysis of several precedents of the supreme court, the author concludes that interpreted cases are mostly inspired by dogmatic thesis stating family law being a branch of law different from civil law. The article points out negative outcome dogma has on domestic, marriage and family relations. In conclusion the author proposes a pragmatic solution: civil law prima facie is an appropriate instrument in domestic, marriage and family relations regulation.

Key words: 

family law, non-property relations

Text of the article: 
English