Is the son-in-law relative. Who does the law refers to the closest relatives? Who is leisurely considered a close relative
Husband and wife - relatives or not? It is this question that we have to study further. Russian legislation in this field has many questions and nuances. If you know about them, you can avoid a huge number of problems. So are the spouses to each other relatives?
Blood relations
Answer is not really as simple as it seems. It all depends on the situation and on how to understand the direct relationship.
From a biological point of view, the spouse is not a relatives. They are two separate independent personalities who produce offspring. Is the husband's relatives and wife? Not. They have no blood kinship.
By the way, marriage between close relatives is prohibited in Russia. Therefore, even from the point of view of the legislation, the spouses cannot have a common nurse. Otherwise, the marriage will not be concluded in the registry office.
Civil marriage
Is his wife a relative husband by law? About biological relationship in the legislation of the Russian Federation, as a rule, do not speak. Is it possible to consider spouses in the legal sense of the relative of each other?
No, if it comes to accommodation in civil marriage. More precisely, then about the cohabitation - when the couple lives together, it leads a common life, sometimes even makes children, but their relations are not officially issued in the registry office.
Accordingly, the spouse in such a marriage will lose a lot of rights offered by the state official husbands and wives. But about it a little later. To begin with, it is necessary to find out whether people who have entered into marriage can be considered relatives.
Official relations
Husband and wife - relatives or not? If the joint life is fixed by registration in the registry office, there are so-called people between people. family relationships. Since the conclusion of marriage, the spouses are considered members of one family.
In part, they can be called relatives. Nevertheless, some branches of Russian legislation make spouses into a separate category. Thus, the husband and wife are members of one family. This fact must remember every citizen.
Criminal and civil law
Now a little about what the legislation of the Russian Federation specifically reads relatives between spouses. In criminal law, there are the concepts of "spouses" and "close relatives". So, against these categories of citizens can not provide testimony. Close relatives are taken to attribute parents, grandchildren, grandparents, brothers and sisters. Spouses, as it is easy to see, belong to another category of citizens. Is the husband a relative wife? In criminal law - no. Spouse is a member new familycreated by registering the relationship of a man and a woman in the registry office.
Similarly, you can allocate spouses into a separate category in civil law. When arresting all close relatives are obliged to notify about this event. And that is why questions arise regarding the relatives of the spouses. After all, a citizen can have only family members, and not relatives. In this case, husbands and wives can be interpreted as a close relative.
Tax law
Russia provides certain tax breaks for citizens who carry out those or other operations with close relatives. So, for example, you can count on:
- exemption from tax under transactions;
- lack of the need to pay tax fees;
- transfer of inheritance and gift without additional expenses.
Husband and wife - relatives by law in this area? Yes. Under the term "close relatives" in the tax right, it is customary to understand not only brothers, sisters, grandparents, grandchildren and parents, but also spouses.
Housing Code
But in the housing right of the concept of kinship as such. Instead, there is a term "family member". Husband and wife - relatives or not? In the housing right, the spouses refer to members of one family. Therefore, they can be assumed to be some kinship, fixed by blood, but a legal document.
Also, the family members are accepted to attribute parents of spouses and children, especially if they all live together. If a third party set together with blood relatives, it will automatically be recognized as a member of the family, despite the lack of real kinship.
Labor Code
A very ambiguous picture is developing in the field of labor legislation. Is his wife a close relative husband? Reply hard. This, as practice shows, each employer decides on its own.
In the labor legislation of the Russian Federation, close relatives are prohibited to work in the same municipal institutions, especially in subordinate each other. Also, when adopting a citizen to civil service will check the presence of criminal proceedings near Rodney.
In fact, in some companies, spouses do not consider close relatives. They quietly work together. When making a work to work in state organizations, husband / wife is likely to be tested for the presence of a criminal record. Therefore, it can be concluded that the TC RF does not give an accurate determination of the kinship of spouses.
The deeds are hereditary
Husband and wife - relatives by law? Based on the foregoing, it is possible to conclude that, in general, the spouses are native to each other, although not the blood. Only in some cases the husband / wife will relate to separate category family members.
Inherited affairs, kinship plays important role. Especially if the citizens of the property are transmitted without a testament. There are several query queues in hereditary issues. If there is no testament, the property is divided by law. And here the value of kinship is playing with a citizen.
Husband and wife - relatives or not? If we talk about hereditary affairs, the spouses are one of the main heirs. They, like children, are those who primarily receive inheritance. So, the wife and husband are to each other relatives.
Medicine
And what can be said about medicine? The fact is that medical organizations Have a certain inner routine. So, for example, they cannot disclose information on patient health to third parties. And only close relatives can visit hard patients.
In this situation, the presence of a registered marriage plays a huge role. Official husband and wife in medicine are considered relatives. With a civil marriage, kinship is missing. Medical institutions interpret civilians and husbands as other people's people.
RESULTS
Based on the foregoing, it is possible to conclude that the topic studied in Russian legislation does not have an unambiguous interpretation. Husband and wife - relatives or not? It all depends on the circumstances and the affected human legislation / human legislation.
Husbands with wives are 100% member of one family and spouse. Some believe that relatives they become each other at the time of marriage. Someone shows the view that the spouses receive the status of relatives after the birth of common children.
Most often, husbands and wives are treated as relatives, but not blood. Former spouses are former relatives, but no more. Often they are not considered at all as close people.
Close relatives are most often parents, brothers, sisters, wives, husbands, granddaughters, grandchildren, grandparents, grandmothers, children. Usually under the latter are not only native, but also adopted children. All this needs to pay attention. Especially in hereditary disputes. Close relatives and spouses in Russia are almost the same thing. Therefore, it is safe to say that husbands and wives in official marriage quite a lot of rights and opportunities.
Few people think about how many close relatives have. Most often relatives are those with whom blood Uzami Someone from your family members and who you continue to communicate closely in a related, considering it "your own." Similar representations of a simple alone are often completely incommensurable with those who are a close relative by law.
What does the law say?
Studying the Family Code of the Russian Federation, specifically, article 14, it can be understood that not all, and the nearest relative, this is not everyone who we communicate with the family circle. Close relatives for the Family Code of the Russian Federation are citizens who bind blood bonds on the downlink and uplink(Parents with children, grandfathers and grandchildren), as well as full and non-fear brothers with sisters (general one of the parents).
In addition to the Family Code, other legal documents covering this concept also operate in our country, and in each of them, family relationships are complex tangle. Studying administrative, criminal, housing, civil, tax law, one can see that each sphere has its own ideas about this concept that are often intersect. However, the general interpretation does not find.
By close relatives, according to Russian legislation, it is customary to consider citizens uniting according to the principle of blood relations. Divide them into two categories:
- vertical - child, parents, grandfathers (grandmother, grandfather);
- horizontal - brother and sisters having a full, indigence relationship.
In this case, the presence of blood communications may not always indicate that this citizen is acts as the closest relative. Exceptions relate to the great-grandfather and great-grandfathers, despite the fact that they are suitable for blood vertical line. The nephews, aunt, uncle, cousins, sisters drop out of the horizontal line.
Certain persons who do not have blood kinship may relate to this category. We are talking about and their adopters. Such relations are equal to the type of child - parents. Many mistakenly suggest that the spouses are suitable for these criteria. In fact, the husband and wife are connected with another concept - inherent in communication, property, and not related. Viewing complex relationships of her husband and wife, you can ask the question, relatives or there is no native of the spouse. It turns out that there is no, they are believed to the sores (the father-in-law - mother-in-law, beetor - mother-in-law, daughter-in-law - son-in-law).
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The Constitution of the Russian Federation in Article 51 provides for the definition of related links, clearly distinguishing citizens by legislative acts:
- Administrative legislation provides for such a relationship between children - parents, adopted - adoptive parents, grandchildren - grandfathers, native brothers and sisters (Article 25.6 of the Administrative Code of the Russian Federation). They are direct relatives, this, for example, considered when testimonyIt is believed that a citizen has the right against them not to testify.
- Criminal procedural legislation. Who belongs to close relatives from this point of law, to understand simply - this concept adds to the list of administrative legislation of her husband and wife (Article 5 of the Code of Criminal Procedure).
- Housing legislation in general does not recognize such definitionsHere, under the legislation, citizens are characterized as family members who can be a wife - wife, children, including stepsoga, stepdaughter, and people who are not completely connected by blood bonds (for example, a cousin's spouse). Article 31 LCD RF gives an idea of \u200b\u200bwho is considered a member of the family of a certain owner of housing.
- Tax legislation According to Article 217 of the Tax Code of the Russian Federation, paragraph 18.1, it is counted for this concept of all who provides for the Family Code. These are those who according to the law can be eligible for certain tax privileges.
- Close relatives of the Civil Code are citizens associated with each other family-legal relations, family. Who belongs to close relatives on this legislation, to say difficult, as there is no specific list of individuals. This category can be quite wide, here are spouses, parents, children, guardians, - anyone, with whom a particular person is in family relationships.
Attention!Relatives with family members are not worth confused. Under this concept, completely different citizens fall in one dwelling.
Summing up, lawyers noted that under the concept of "close relatives" in the Civil Code, some people may be taken into account, and, for example, in administrative or criminal law are completely different.
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It is interesting!
Inheritance property
Often, individuals first begin to wonder who is close to relatives on Russian legislation, only when, after the death of one of the family members, it is necessary to enter into the right of property, and I didn't have time to leave direct will.
When this situation makes shape, the law is assumed that the will of the deceased is that his property moves to persons according to. His inherit close relatives, in this case These are those who by law standing at the highest position.
Studying the situation, the notary determines the share of property that is transmitted to the heirs. Their size is rarely equal, given the relative positions. If the relatives from the top positions that the inheritance could receive, no, the heirs are another relatives according to the descending order.
- . This list is small, here are those who are a close relative, but their rights are unequal in accordance with the legislation. Spouses, children, parents of the deceased. Half ownership (joint) is transferred to the spouse, the remaining half is evenly distributed between children or parents.
- Second sequence. If from the priority list suitable Persons No less close kinship will be automatically involved. These include brothers, sisters (only relatives), grandparents on the blood parent line.
- Third order. The absence of individuals from the first two positions transfers the right of inheritance to representatives of the third order. They ran here with uncle, aunt, sister, brother (not the very deceased, and his parents, on both sides).
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By breaking the order of inheritance into groups, it is possible to avoid serious conflicts between the alleged heirs. The higher the group, the more likely to become the main heir:
- spouse, children, parents;
- grandfathers, grandmothers, sisters, brothers;
- native brother of his wife or husband;
- parents grandfather, grandmothers;
- children of nephews, grandmother or grandfather brothers or sisters;
- blood children cousin, brother, grandchildren, grandparents;
- stepmother, stepfather, stepdaughter, stepper.
Not always the heir to the law becomes the individual who would like this. Steyoko, for example, who, according to the law, in a relative - the native son of one of the spouses, for example, her husband. When death, the stepmother would seem to be a direct heir, but this is far from the wrong. Also, under the "suspicion", disabled citizens enter, to which the order does not fully apply.
Often even if there is a testament inheritance of property occurs in accordance with the legislation because of:
- the document is invalid;
- the heir for some reason could not enter into rights;
- the heir is officially recognized as "unworthy."
Only legislative authorities can cancel such desires of the dead. In this case, it is often no matter who is a close relative in accordance with the current legislation: if the individual is recognized unworthy, it can not inherit anything.
Attention!The order of related positions is established by state laws, and monitors their observance of the notary.
Considering all the nuances to understand in relation to specific persons, relatives or not, they are among themselves, as close as the degree of their official kinship, you must first decide whether such a question arises in relation to what legislation.
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Many people under the concept of "close relatives" imply people surrounding them and united one family regardless of territorial residence. Children grow up, travel around 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, as the application of legal norms is different to this concept in the family, tax, civil and other codes of the Russian Federation. Knowledge of legislation will protect a person in many difficult situations, and will allow you to prevent gross errors. The degree of kinship can give both certain preferences and, on the contrary, to free from unlawful actions from other persons.
Who is considered a close relative?
Existing vaults of laws and subtitle acts for each of the questions are partially echoing, complementing each other. The concept of "close relatives" on the Civil Code of the Russian Federation meets when considering many issues, but there is no clear and unequivocal definition of the term in this arrangement of legislative acts. A number of articles in the Civil Code of the Russian Federation describes the succession in the inheritance of property. Avoid the emergence of controversial situations will help the correct interpretation of the rules of law. Therefore, each case is studied in the context of a specific code.
Family
A close relative under the Law of the Russian Federation in Art. 14 SK is installed on the ascending or downlink. This group includes the following categories of citizens:
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Attention! IN family law Spouses do not have close relatives, as their connection is described by other legal relations - family members.
Speaking of status, it is noted that the spouses can be a different citizens who have reached majority, but not blood relatives. That is, you can not be married between:
- parents and children;
- adopted and adopter;
- brothers and sisters;
- in the case when one of the parties is recognized as an incapable person.
Wife and husband are not relatives. Their relationship is enshrined by the Legal Union (marriage certificate) and certain obligations. When divorced, citizens lose their rights to the property of former spouses.
Administrative
In the case of administrative offenses, let us give a refusal of testimony that can harm the native or spouse. In a note to Art. 25.6 Administrative Code, which regulates the legal possibilities and duties of a witness, close to:
- children, parents;
- grandparents, grandchildren;
- brothers, sisters;
- adopters and adopted.
Although the spouses do not have close kinship, but are endowed with the same rights.
Criminal Procedure
In criminal law, the spouses, in contrast to the RF IC, close relatives are according to Art. 5 CPC. In addition to them, relatives have relatives of Rodin described in the COAP of the Russian Federation. It is believed that this category of citizens is interested in the fate of another family member, therefore it may not testify against him. According to Art. 96 of the Criminal Code If one of the spouses is delayed by law enforcement agencies, you must notify your relatives.
Labor
Many disputes about related relationship occurs in the Labor Code. By law, in the event of the death of close, the employer is obliged to provide an employee leave for five calendar days. The circle of people with this right is regulated by the RF IC. However, the death of other members, for example, cousins, aunt, uncle, is an important event, but they do not belong to the Naja Name. 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 regulatory acts.
Housing legislation
In the Housing Code in Art. 31 meets only the concept of family members. The owner of the housing can instill on his living space of anyone, the degree of kinship and the marriage union do not matter. Family members include children, parents, the second spouse.
Taxation
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In the Tax Code, the near relatives under the law are considered completely apart. When decomriage, all family members and naja relatives (donor and gifted) are exempt from tax payments. The state duty for notarial services for the compilation and assurance of documents in this case is reduced.
Hereditary legal succession
If the testator did not leave the testament, then the distribution of his share of property will depend on who is close relatives under the legislation. 7 queues are installed here. The inheritance is distributed on the downlink. The scheme is as follows.
Inheritance rules are governed by Art. 1142-1145 and Art. 1148 of the Civil Code. Inheritance by law next queue happens if:
- there are no heirs of the preceding level;
- if applicants are deprived or removed from the right of inheritance;
- if all of the candidates refused to accept the inheritance.
The heirs belonging to the same queue have equal shares except persons inheriting by the right of submission (Art. 1146 of the Civil Code of the Russian Federation). The structure of the scene is:
- The first is the parents, the legitimate spouse (not civil), children.
- The second is brothers / sisters, grandparents on the father and mother.
- The third is a cousin relatives, that is, the uncle, aunt's testator.
- The fourth - the native third generation, to which the great-grandmothers and great-grandfathers are.
- Fifth - this group includes native fourth levels, that is, cousins \u200b\u200b/ grandmothers.
- Sixth - cousins \u200b\u200bor aunt.
- Seventh - non-governmental relatives, first of all, stepmother / stepfather, stepdaughter / stepsing.
If, in the absence of relatives in turn, anyone is deprived of inheritance, everyone refused not to other applicants or removed, then the property of the testator is recognized as the fatigue (Art. 1151 of the Civil Code) and is alienated in favor of the state.
Important! Summary brother / sister have different parents, so the heirs are not. They do not have blood ties. Exception - the fact of adoption / adoption by the testator.
In the case when there are no applicants from 1 and 2 queues at the time of entering into the inheritance, then successfulness moves to relatives of 3 queues and so on.
Inheritance in the will is distributed to the will of the testator, as it is indicated in the document. The heir can be any face, including not having a degree of kinship. You can challenge the document only when there is evidence of violations of the document:
- pressure;
- incapacity at the time of signing the document;
- when misleading.
There is a mandatory share that is awarded independently of any conditions, the following categories of citizens related to related bonds:
- juvenile children;
- dependents, including receiving children;
- parents subject to their disability or presence of serious diseases, including disability;
- the incapacitated relatives, which are at least during the last year in the dependency of the testator.
Legally the most controversial category are spouses.
Degree of kinship and taxation
The dependence of the degree of relationship is clearly manifested in the amount of state duty according to Art. 333.24 of the Tax Code of the Russian Federation. The value of taxation depends on the proximity of the related bonds as follows:
- Heirs 1 and 2 queues pay 0.3% of the value of the property of the testator, but, not exceeding 100 thousand rubles as much as possible.
- All other categories are 0.6%, but not more than 1,000,000 rubles.
In the case of judicial disputes, the state duty depends on the cost of claims. The higher the amount, the greater the size of the state duty. The plaintiff pays a fixed bet and the percentage of the amount exceeds the minimum threshold.
Who is not close to kinship?
- cousins \u200b\u200b/ brothers;
- great-grandmothers / great-grandfather and great-grandchildren / great-grandmother;
- aunt / Uncle and niece / nephews;
- daughter-in-law / son-in-law, father-in-law;
- mother-in-law / cooler.
By the way! With a civil marriage, a man and woman are not relatives. They have no right inheritance. As an exception, there may be only a testament.
Mother and son, being nailed for related uzam, inherit property after each other. After the marriage of the Son, the mother-in-law and the Snow will not be relatives, so there is no hereditary right between them.
Often, ignorance of legislation leads to gross mistakes. Spouses - family members, but not relatives. After the divorce, any connections are violated. For example, the husband gives his wife an expensive gift at the time of location in marriage (real estate, stock, car). According to paragraph 18.1 of Art. 217 of the Tax Code of the Russian Federation gifted does not pay personal income tax in the amount of 13% of close relatives or family members. If, at the time of registration of the wife of the wife of the declaration of income, they divorced, then this gift is not taxed. Confirmation is a marriage certificate at the time of delivery of a gift and a divorce document. It is necessary to attach all references to the income declaration.
conclusions
In jurisprudence there are many examples and incidents associated with related bonds. Especially the problematics are pronounced in hereditary and family legislation and, accordingly, in taxation. Understanding related links will help avoid serious problems.
Attention! In connection with the latest changes in legislation, legal information in this article could be outreach! Our lawyer can advise you for free - write a question in the form below: