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Are stepbrothers close relatives. Who is a close relative under the law? Who are interdependent persons

Gynecology

Many people under the concept of "close relatives" mean people around them and united by one family, regardless of territorial residence. Children grow up, go to different places, but the degree of kinship does not change from this. However, in jurisprudence, the interpretation of this concept is ambiguous. It is necessary to know exactly who is a close relative under the law, since the application of legal norms to this concept is different in the Family, Tax, Civil and other codes of the Russian Federation. Knowledge of the law will protect a person in many difficult situations, and will help to avoid blunders. The degree of kinship can give both certain preferences, and vice versa, free from illegal actions on the part of other persons.

Who is legally considered a close relative?

The existing codes of laws and by-laws on each of the issues partially overlap, complementing each other. The concept of "Close relatives" under the Civil Code of the Russian Federation is found when considering many issues, but there is no clear and unambiguous definition of the term in this set of legislative acts. A number of articles in the Civil Code of the Russian Federation describe the succession in the inheritance of property. Correct interpretation of the law will help to avoid disputes. Therefore, each case is studied in the context of a particular code.

Family

A close relative according to the law of the Russian Federation in Art. 14 SC is set on the uplink or downlink. This group includes the following categories of citizens:


Attention! AT family law spouses are not closely related, since their relationship is described by other legal relations - family members.

Speaking about the status, it is noted that citizens of different sexes who have reached the age of majority, but who are not blood relatives, can be spouses. That is, marriage is not allowed between:

  • parents and children;
  • adopted and adoptive parent;
  • brothers and sisters;
  • in the event that one of the parties is recognized by the court as an incompetent person.

Wife and husband are not related. Their relationship is secured by a legal union (marriage certificate) and certain obligations. In the event of a divorce, citizens lose their rights to the property of the former spouses.

Administrative

In the case of administrative offenses, it is permissible to refuse to give evidence that could harm relatives or spouse. In a note to Art. 25.6 of the Code of Administrative Offenses of the Russian Federation, which regulates the legal possibilities and obligations of a witness, relatives indicate:

  • children, parents;
  • grandmothers, grandfathers, grandchildren;
  • brothers, sisters;
  • adoptive parents and adoptees.

Although the spouses are not closely related, they are endowed with the same rights.

criminal procedure

In Criminal Law, spouses, in contrast to the RF IC, are close relatives in accordance with Art. 5 Code of Criminal Procedure. In addition to them, relatives described in the Code of Administrative Offenses of the Russian Federation have a close relationship. It is believed that this category of citizens is interested in the fate of another family member, and therefore may not testify against him. According to Art. 96 of the Criminal Code, when one of the spouses is detained by law enforcement agencies, it is necessary to notify relatives.

Labor

A lot of disputes about family relations arise in the Labor Code. According to the law, in the event of the death of a loved one, the employer is obliged to provide the employee with leave for five years. calendar days. The circle of people entitled to this is regulated by the RF IC. However, the death of other members, for example, cousins, aunts, uncles, - significant event, but they do not belong to the closest relatives. In labor relations, from the point of view of legislation, the provision of administrative leave is not prohibited. This issue should be regulated by the main contract or additional regulations.

housing law

In the Housing Code, Art. 31 there is only the concept of family members. The homeowner can move anyone into his living space, the degree of kinship and marriage union do not matter. Family members include children, parents, second spouse.

Taxation

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In the Tax Code, close relatives are legally treated quite separately. When making a donation, all family members and closest relatives (donor and recipient) are exempt from tax payments. The state duty for notarial services for the preparation and certification of documents in this case is reduced.

hereditary succession

If the testator did not leave a will, then the distribution of his share of the property will depend on who the close relatives are according to the law. There are 7 queues here. Inheritance is distributed in a descending line. The schema looks like this.

The rules of inheritance are regulated by Art. 1142–1145 and st. 1148 of the Civil Code of the Russian Federation. Inheritance according to the law of the next order occurs if:

  • there are no heirs of the previous level;
  • if applicants are deprived or excluded from the right to inherit;
  • if all of the candidates refused to accept the inheritance.

Heirs belonging to the same order have equal shares, except for persons inheriting by right of representation (Article 1146 of the Civil Code of the Russian Federation). The sequence structure looks like this:

  1. The first - parents, legal spouse (not civil), children.
  2. The second - brothers / sisters, grandfathers / grandmothers on the father's side and on the mother's side.
  3. The third is cousins, that is, uncles, aunts of the testator.
  4. Fourth - relatives of the third generation, which include great-grandmothers and great-grandfathers.
  5. Fifth - this group includes relatives of the fourth level, that is, great-uncles / grandparents.
  6. Sixth - cousin uncles or aunts.
  7. The seventh is non-blood relatives, first of all, stepmother / stepfather, stepdaughters / stepsons.

If, in the absence of relatives in turn, someone is deprived of an inheritance, everyone refused not in favor of another applicant or is removed, then the property of the testator is recognized as escheat (Article 1151 of the Civil Code) and is alienated in favor of the state.

Important! Step brother/sister have different parents, so they are not heirs. They have no blood ties. An exception is the fact of adoption / adoption by the testator.

In the event that at the time of entry into the inheritance there are no applicants from the 1st and 2nd stages, then the succession passes to relatives of the 3rd stage and so on.

The inheritance under the will is distributed according to the will of the testator, as indicated in the document. Any person, including those who do not have a degree of kinship, can be an heir. You can challenge the document only if there is evidence of violations of the document:

  • pressure;
  • incapacity at the time of signing the document;
  • when misleading.

There is a mandatory share, which is awarded, regardless of any conditions, to the following categories of citizens related by family ties:

  • minor children;
  • dependents, including foster children;
  • parents, subject to their incapacity for work or the presence of serious illnesses, including disability;
  • incapacitated relatives who have been at least for last year dependent on the testator.

Legally, the most controversial category are spouses.

Relationship and taxation

The dependence of the degree of kinship is clearly manifested in the amount of the state duty in accordance with Art. 333.24 of the Tax Code of the Russian Federation. The amount of taxation depends on the proximity of kinship ties as follows:

  1. Heirs of the 1st and 2nd stages pay 0.3% of the value of the testator's property, but not exceeding 100 thousand rubles as a maximum.
  2. All other categories - 0.6%, but not more than 1,000,000 rubles.

In the case of litigation, the state duty depends on the value of the claims. The higher the amount, the larger size state duty. Claimant pays a flat rate and a percentage of the amount above the minimum threshold.

Who is not related?

  • cousins/brothers;
  • great-grandparents and great-granddaughters/great-grandchildren;
  • aunts/uncles and nieces/nephews;
  • daughter-in-law / son-in-law, father-in-law / mother-in-law;
  • mother-in-law / father-in-law

By the way! In a civil marriage, a man and a woman are not relatives. They do not have the right to inherit. As an exception, there can be only a will.

Mother and son, being the closest in kinship, inherit property after each other. After the marriage of the son, the mother-in-law and the daughter-in-law will not be relatives, therefore there is no inheritance right between them.

Often, ignorance of the law leads to blunders. Spouses are family members, but not relatives. After a divorce, all ties are broken. For example, a husband gives his wife an expensive gift at the time of marriage (real estate, shares, car). According to paragraph 18.1 of Art. 217 of the Tax Code of the Russian Federation, the gifted person does not pay personal income tax in the amount of 13% from close relatives or family members. If the wife is divorced at the time of filing the income tax return, the gift is tax-free. Confirmation - a marriage certificate at the time of the gift and a divorce document. All references must be attached to the income statement.

conclusions

In jurisprudence, there are many examples and incidents associated with family ties. The problems are especially pronounced in inheritance and family law and, accordingly, in taxation. Understanding family ties will help avoid serious problems.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date! Our lawyer can advise you free of charge - write a question in the form below:

AT Everyday life relatives are people who are related to each other, connected by family ties and, as a rule, friendly relations. First of all, these are the main members of the family: husband, wife, children, father and mother, etc. Such things seem extremely simple and mundane, but from the point of view of the law, family ties are not yet a reason to classify people as close people. For a better understanding, consider the basic, frequently asked questions.

Close relatives by law - definition under the Family Code

Guided by the theory of Family Law, only a blood relationship will be a close relationship. This means that only those relatives will be recognized as such, the connection of which goes back from a common ancestor or the connection due to the origin of one person from another.

This issue worries people, because some family members are not close to the law. Which, in turn, gives rise to controversial situations related to such problems as determining the status of relatives, whose role is not sufficiently clear. According to the code Russian Federation, only people in kinship in the descending and, accordingly, ascending line, brothers and sisters, even half-born, can be close, namely:

  • brother, sister;
  • children (this should include adopted children, as well as adopted children);
  • parents;
  • parents of parents, i.e. grandfather, grandmother;
  • grandchildren.

All of the above are from the code and are included in the circle of loved ones determined by the Federal Law.

Despite a clear list of members that fit the above definition, there are often ambiguous situations. Let's consider the main ones.

Is the mother-in-law a close relative by law?

Among the frequently asked questions, there is this: "Will my mother-in-law/father-in-law be my close relative under the law?". Let's turn to the code to resolve this issue.

Since this relationship is understood as a blood relationship (for example, between a grandmother and a grandson, a parent and his child, etc.), the mother-in-law is not related to a close relationship.

Is the stepfather a close relative by law?

As already mentioned earlier, guided by Art. 14 of the Family Code of the Russian Federation, persons connected by blood ties - parents, adoptive parents, brothers and others - have a close relationship.

A stepfather is primarily a man who has married a woman who has children from a previous marriage. In the question of the stepfather, there are several nuances.

In the understanding of the law, the stepfather is not consanguineous. A stepfather can adopt or have foster child(which by definition will be close).

Are the husband or wife close relatives under the law?

Marital relations are primarily a union and agreement, voluntarily secured with the help of 2 citizens. As has been repeatedly repeated, related persons are close to each other, in the case of blood relationship. Therefore, marriage is a mutual contract. Their relationship will be a property.

Attribute relationships do not apply to the concept of close relatives. It means husband and wife or ex-husband and ex-wife, they are not.

A military husband, in an exception to the rules, is related to his wife (and even to the father-in-law, mother-in-law).

Is the grandmother a close relative by law?

Having carefully read the code, namely, it is clear that the list of persons recognized as relatives by law includes a grandmother. Grandmother will be relatives by law.

Close relatives according to the Labor Code of the Russian Federation

TC does not appeal to such a concept as "close relative". According to the Labor Code of the Russian Federation, on leave without pay, it is the responsibility of the person who is the employer to provide leave in writing without pay to such people as:

  • persons who took part in the Second World War are entitled to up to 35 days a year;
  • working disabled people who are entitled to up to 60 calendar days a year;
  • persons retired due to age are given up to fourteen full calendar days per year.

labyrinth

Alien relatives

From the point of view of currency legislation, the mother-in-law is not close enough relative to send her a currency transfer.

When choosing a topic for a column, I usually start by looking at "drafts by latest date" on the Legislative Computing System website. Very convenient - bills are laid out, accompanied by explanatory notes, decisions, conclusions and resolutions. And sometimes you can find out about some news earlier than even Vedomosti and Kommersant.

This time, having seen in the list bill No. 194784-5 “On Amendments to the Federal Law “On Currency Regulation and Currency Control” (on clarifying the concept of “close relatives” for the purposes of federal law“On Currency Regulation and Currency Control”), I immediately started up like an old warhorse at the sound of a trumpet. Will legislators finally deal with this problem?

For the first time, I was puzzled by this question when writing the intra-bank Regulations on the procedure for carrying out foreign exchange transactions. " Close relatives” are mentioned three times in Federal Law No. 173-FZ: in clause 17 of part 1 of article 9 (currency transfers from an account as one of the types of permitted foreign exchange transactions between residents), clause 2 of part 3 of article 14 (donation of currency values) and clause 14 of part 4 article 23 (on the types of documents that can be requested by currency control agents). But only in the first case is a definition of this concept given: relatives in a direct ascending and descending line (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having common father and mother) brothers and sisters, adoptive parents and adopted children.

Probably, in the other two cases, the meaning is the same - I decided, and made the definition of close relatives in the "Terms and definitions" section. Although it is rather strange that something like “(hereinafter referred to as close relatives)” is not written in the law, as is usually the case in regulatory documents.

Then there was a small conflict in our bank with a client who certainly wanted to send a currency transfer to his mother-in-law. The operator poked the Law on Currency Regulation under his nose, and he shouted that his wife’s beloved mother was his closest relative, and no laws would dissuade him from this, and he would not send a transfer in rubles, because he would lose on conversion, and waved marriage certificate. He went all the way to the chief accountant. But he could not send the desired transfer.

With these close relatives, in general, as it turned out, there is a terrible confusion. In all legislative acts, different definitions of this concept are given.

AT Family Code, where, it would seem, there should be a basic definition, it is present only in Article 14 “Circumstances preventing marriage” and includes relatives in a direct ascending and descending line (parents and children, grandfathers, grandmothers and grandchildren), full-blooded and half-blooded (having common father or mother) brothers and sisters. As we see, adoptive parents and adoptees according to the Family Code, in contrast to the currency legislation, they do not belong to close relatives.

True, they still cannot marry.

For Code of Criminal Procedure close relatives are spouse, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren. Infertile - rest. For other codes (even Criminal) a spouse is not a relative at all, neither close nor distant. He is a family member.

Code of Civil Procedure the most concise: he considers close relatives of parents, children, brothers and sisters.

Labor Code does not define the concept of "close relative", although he uses it in article 128 "Leave without saving wages”, according to which the employer is obliged to provide the employee with leave of up to five calendar days in the event of the death of close relatives. If, when interpreting this article, one is guided, for example, by the Family Code or the Civil Procedure Code, it turns out that in the event of the death of a spouse, leave is not granted.

Federal laws No. 115-FZ (on countering the legalization of criminal proceeds), No. 8-FZ (on burial and funeral business), No. 51-FZ (on the election of deputies of the State Duma), No. 76-FZ (on the status of military personnel), et caetera. And all definitions, imagine, are different.

By the way, oh military personnel. For them, unlike mere mortals (and other legislative acts), close relatives are even husband's father and mother(father-in-law, mother-in-law, father-in-law and mother-in-law).

However, let us return to currency regulation. The bill, as it turned out, assumed exactly what I did when writing the internal bank regulation: to make the definition of the concept of “close relatives” in Article 1 of Federal Law No. 173-FZ, thereby extending it to all cases of mention in the law. The mother-in-law, however, was never included there, but nothing can be done about it.

And what do you think? Last Friday, the State Duma rejected bill No. 194784-5, considered in the first reading.

Transcripts of the discussion of the bill No. 194784-5

The bill is aimed at clarifying the concept of "close relatives" for the purposes of the Federal Law "On currency regulation and currency control."

The term "close relatives" is used three times in this federal law. In point 17 of part 1 of article 9 of this law, where this term is mentioned for the first time, its detailed definition is given. Under "close relatives" in this article refers to relatives in a direct ascending and descending line (parents and children, grandparents and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters, as well as adoptive parents and adoptees. Further, in the federal law, the term "close relatives" is used without a detailed definition, and, according to the author of the bill, in these cases there is uncertainty in understanding the meaning in which this term is used. The author of the draft law believes that such a conflict arises due to the fact that in various branches of legislation - for example, in the Family Code, the Housing Code, in the legislation on civil service - non-identical definitions of the concept of "close relatives" are used. In this regard, the author considers it appropriate to exclude the definition of the concept of "close relatives" from clause 17 of part 1 of article 9 of this law, to transfer a definition similar in meaning to part 1 of article 1 of this law, which contains the basic concepts for the purposes of the Federal Law "On currency regulation and currency control.

The Financial Market Committee considered this bill and does not support it for the following reasons.

First. The Committee believes that the transfer of this definition to part 1 of article 1 of the federal law seems inappropriate, because part 1 of article 1 defines the basic concepts and categories for the sphere of currency regulation, the subject of this law is not the definition of the concept of "close relatives". The subject of this part of the law are concepts and categories for the purposes of the sphere of currency regulation.

And the second. The Committee believes that there is virtually no risk of incorrect use of the term "close relatives" for the purposes of currency regulation, because this federal law uses the usual, traditional method of constructing legal norms: when the term is used for the first time, its detailed definition is given, and later in the law this the term is used precisely with this content.

The government also does not support the draft of this federal law.


In its official response, the Government of the Russian Federation, represented by Deputy Prime Minister S. Sobyanin, indicates that the concept of " close relatives» is applied in paragraph 17 of part 1 of article 9, in paragraph 2 of part 3 of article 14 and in paragraph 13 of part 4 of article 23 of the Federal Law in the sense that it follows from the Family Code of the Russian Federation, and, therefore, the introduction of a new definition in the conceptual apparatus No federal law required.

Although it can be seen with the naked eye that the definition of close relatives, which is present in paragraph 17 of part 1 of article 9 of Law No. 173-FZ, differs from the definition proposed by the Family Code. Moreover, Article 14 of the Family Code essentially establishes the circumstances preventing marriage, but not the circle (list) of close relatives itself.

A trifle, probably. But it is also a wonderful illustration of the state of our legislation and the effectiveness of the work of the State Duma.

But their site, it must be admitted, is almost flawless.

Close relatives by law. Wife relative or not. Are husband and wife related? Husband and wife are not related. The wife is a close relative or not. The concept of close relatives. The concept of close relatives in the Russian Federation. Close relatives - who are they. Who can be considered a close relative under the law.

labyrinth

Close relatives - who are they?

According to the Labor Code of the Russian Federation, an employer is obliged, on the basis of a written application from an employee, to provide leave without pay to employees in the event of the death of close relatives - up to five calendar days. In this connection, the question arises: who, in accordance with applicable law, is a close relative, whose death entails the right to demand an employee to grant him leave? Is it possible, for example, to demand leave in the event of the death of a second cousin or great-nephew?

Labor legislation does not contain a definition of the term "close relative". Therefore, in this case, it is necessary to refer to the concepts of the branch of law that regulates relations between family members, including close relatives, namely, family law. The concept of a close relative in family law is revealed in Art. 14 of the Family Code of the Russian Federation. According to this article, family law considers as close relatives only relatives in direct ascending and descending lines (parents and children, grandfathers, grandmothers and grandchildren), as well as full and half-blooded (having a common father or mother) brothers and sisters.

Based on this definition, the above questions about granting leave in the event of the death of a second cousin, etc. should be answered in the negative.

The question arises: what about the spouses? After all, Art. 14 of the Family Code of the Russian Federation does not classify spouses as close relatives, since, according to the theory of family law, kinship is a blood relationship of persons based on the origin of one person from another or different persons from a common ancestor.

For siblings, the common ancestors are the father and mother or one of the parents. If children have common parents, they are called full-blooded. If only one of the parents is common, they are half-blooded. Incomplete brothers and sisters should be distinguished from half-siblings - children of each of the spouses from previous marriages. There is no relationship between them.

As for the spouses, they, as a rule, are not relatives (and, in any case, they cannot be close relatives in accordance with the prohibition of Article 14 of the Family Code of the Russian Federation), but are married, which gives rise to relations not of kinship, but of property. The property is understood as the relationship between people arising from the marriage union of one of the relatives: the relationship between a spouse and relatives of the other spouse, as well as between relatives of spouses. The property arises from marriage if there are living relatives of the husband and (or) wife at the time of its conclusion and is not based on blood proximity. So, in-laws, in addition to the spouses themselves, are: father-in-law (mother-in-law), father-in-law (mother-in-law), son-in-law, daughter-in-law (daughter-in-law), stepmother, etc.

As can be seen from the excursion into family law, with the direct borrowing of family law terminology by labor law, in this case there was an unacceptable narrowing of the circle of persons whose death gives rise to the obligation of the employer to provide leave to the employee on the basis of his application. In the event of the death of a relative (s) (mother-in-law, mother-in-law, etc.) and even a spouse (s), as well as relatives not listed in Art. 14 of the Family Code of the Russian Federation and not related to relatives, the employee cannot demand from the employer to provide leave. Obviously, what arose in Part 2 of Art. 128 of the Labor Code of the Russian Federation, an unfortunate misunderstanding should be corrected at least in relation to the spouse (s), and possibly also in relation to the parents of the spouse (s).

It is interesting that a similar question arose in relation to other branches of law and in some cases was resolved. In particular, the term "close relatives" is used in criminal procedure legislation, but in a broader sense than in the family. So, in Art. 5 of the Criminal Procedure Code of the Russian Federation of December 18, 2001 N 174-FZ "Basic concepts used in this Code", it is said that "unless otherwise specified, the basic concepts used in this Code have the following meanings:

Close relatives - spouse, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren.

In addition, in the criminal procedure legislation, in addition to the concept of "close relatives", the concept of "close persons" is also used, to which the Criminal Procedure Code of the Russian Federation includes others, with the exception of close relatives and relatives, persons who are in property with the victim, witness, as well as persons whose life, health and well-being are dear to the victim, the witness due to the established personal relationships.

Of course, one can argue about the advisability of expanding the concept of "close relatives" in the criminal procedure legislation in comparison with that developed in family law, but, nevertheless, the issue of clearly delineating the circle of relevant persons with the inclusion of spouses in it has been resolved in the criminal procedure legislation, which cannot be said about labor law.

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It is customary to consider close those people with whom you constantly live in the same living space and spend the maximum amount of time. And many do not take into account the real blood relationship. But the law looks at this concept a little differently.

In Russian legislation, kinship is used when various legal relations arise between individuals. persons. For example, the division of property, inheritance or registration of a deed of gift.

Between close relatives, special relationships arise, formed by certain generally accepted norms of morality. The mere fact of consanguinity does not give the right to violate human rights (even of a minor). That is why a mother and father who do not take care of their children may be deprived of their rights (but not their duties).

Most often, such kinship is used in family law. In Art. 14 of the Family Code defines this concept. So, close relatives are the relatives of a person in a descending or ascending line:

  • mother father;
  • children;
  • grandmothers, grandfathers;
  • brothers, sisters.

It is important to bear in mind that adoption is equated with close kinship. Therefore, the adoptive parent and the child are related to each other in the same way as relatives. As for brothers and sisters, they can have both common parents or only one, it does not matter.

Housing law

The term "close relatives" is not used in housing law. Most often in the regulations you can find the concept of "members of the same family." These include not only immediate relatives, but also spouses, nephews, uncles, aunts, as well as other members of the family living together.

labor law

According to the Labor Code, the concept of close relationship is rather vague and is used extremely rarely. For example, employers can independently determine the degree of kinship of their subordinates when hiring. So, in many companies it is forbidden to hire members of the same family. But in this case, they can include both spouses or parents (children), and distant relatives (cousins ​​or great-nephews).

Tax law

In tax legislation, the concept of kinship is used only in the implementation of certain procedures. For example, we can talk about the payment of tax fees when receiving property by inheritance or gift. Under these circumstances, they are considered not only the mother, father, children or grandparents, but also the husband and wife.

Administrative law

The norms of administrative law establish that the concept of “close relatives” is used when it is necessary to testify in a case of administrative offenses (Article 25.6 of the Code of Administrative Offenses of the Russian Federation).

The note to this article contains a list of persons who cannot act as witnesses and against whom it is possible not to testify accordingly. These include all blood members of the same family (children, parents, etc.). But husband and wife are not included in this list.

Criminal law

Close kinship also plays a significant role in criminal law. Thus, Article 5 of the Criminal Code of the Russian Federation contains a list of persons who are close relatives in criminal proceedings. In addition to blood (adopted) family members, spouses are included in them.

In inheritance matters

If we talk about inheritance, then everything is not very clear when it comes to spouses. In other cases, the rules of family law (Chapter 63 of the RF IC) are used, which determine the degree of relationship of each of the heirs.

In law

When receiving movable or immovable property without a will, a certain order of heirs is used. For example, the direct heir is the spouse of the deceased, then his children, parents, brothers, sisters, and so on. In total, there are seven such queues, and the last applicants are the stepfather, stepmother, stepdaughter, stepson.

By will

In the case where a will is used, kinship plays practically no role. The owner of the property can bequeath it both to members of his family and to an outsider or even an organization. But if the testator indicated only close relatives as heirs, then by law his spouse is not among them. Therefore, the property will be received by the child, parents, brothers, sisters.

Who is not related

The standard list of persons who belong to close relatives contains Art. 14 RF IC. In most cases, it remains unchanged, with the exception of those situations where spouses are equated with them.

If we are talking about family members who may be blood relatives, but no more, then they include:

  • uncles, aunts;
  • nephews, nieces;
  • stepfather, stepmother, stepson, stepdaughter;
  • mother-in-law, father-in-law, brother-in-law.

For example, even a native nephew is not legally considered a close relative. Upon receipt of any apartment or other property by donation, he will have to pay tax.

Are they close relatives

There are a number of persons who may be members of the same family, but may not be closely related to each other.

Spouses by law

It seems that there is no one closer to husband and wife, but from a legal point of view, this is not entirely true. Husband and wife cannot be blood relatives, since the nature of the relationship between them is completely different. The law defines them as intrinsic relationships. This also applies to the father-in-law, mother-in-law, and also to the son-in-law, father-in-law.

Former spouses

If we talk about the fact that spouses can only partly be relatives to each other (or simply members of the same family), then this cannot be said about former spouses. With the dissolution of the marriage union, they cease to be part of the same family and all their relationships cease.

Rights and obligations arising from the concept of close relationship

This legal term does not in vain limit the circle of persons who have a real consanguinity. They may not live together or even see each other, but they should be aware of the existing rights and obligations.

Duties are as follows:

  • upbringing (maintenance) of young children;
  • maintenance of disabled parents;
  • obligations that arise during the registration of marriage.

There are certain rights:

  • the right not to testify against a close relative during administrative or criminal proceedings;
  • the right to inherit by law;
  • the right to receive maintenance payments for children (or former spouses);
  • the right to a tax credit or other benefits.

The belonging of an individual to a certain family forms the emergence of rights and obligations. Their list is much wider than it might seem at first glance. In addition, the alienation of rights and obligations in this case is carried out only for special reasons (only partially). For example, when depriving a father or mother parental rights.

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