What are the components of a marriage and family legal relationship?

The components of a marriage and family legal relationship consist of a subject, an object and content.

The subject of a marriage and family legal relationship is solely the individual. Individuals who wish to participate in a marriage and family legal relationship must have subject capacity. Subject capacity includes legal capacity and capacity to act.

The legal capacity of an individual is the capability to possess marriage and family rights and obligations. All individuals have the same legal capacity. The legal capacity of an individual exists from the time he/she is born and terminates when he/she dies. Legal capacity is objective capacity prescribed by law.

The capacity to act of an individual is his/her capacity to exercise the rights and perform the obligations of marriage and family.

The capacity to act on marriage and family matters depends on the legal relationship that the subjects engage in, and the conditions required by the law are different.

Other than common capacity to act (age and cognitive ability), marriage and family capacity to act also requires other conditions such as a blood relationship, moral status, or other elements.

Objects of marriage and family relationships include personal and property benefits that the subjects engaging in marriage and family relationships try to obtain. Specifically, the benefits are:

  • Personal – spiritual benefits: the love, care, esteem and assistance between subjects that satisfy spiritual needs;
  • Benefits resulting from behavior: The performance of obligations in marriage and family relationships by subjects that meet the needs of family members and benefit family members. The result of an act of exertion or restraint that is beneficial for other subjects in the family;
  • Property benefits: The possession, use and disposition of property of family members in order to help the family survive and develop or to meet the needs of all aspects of the family and of each member;
  • Contents: All personal and property rights and obligations. These are the obligations and rights between husband and wife, parents and children (from birth, to nurturing and living together), between brothers and sisters, and between grandparents and grandchildren. Regulations on marriage, divorce, support and guardianship also form the content of the marriage and family legal relationship.
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