О ключевых предпосылках влияния на систему источников семейного права: «размышления у непарадного подъезда»
Abstract
The article examines the provisions of the family law doctrine, which in their entirety predetermine the list, content and interrelation of its sources: the ideas of sovereignty of the branch or its subordination to civil law, which causes inconsistency in the methodology chosen by the legislator for regulating relations with the family element and, consequently, the nature of interaction between family and civil laws; the formation of a vector towards the protection and defense of traditional family values (the impact of constitutional and legal meanings on the sources of family law is revealed); the limits of subsidiary application of civil law; interaction with other branches of Russian law, as well as within the system of family law sources (between federal laws, regional rule-making and by-laws); judicial law-making as a manifestation of the dominance of situational legal norms in the family law sphere). The influence of the civilistic doctrine on the system of family law sources is separately recorded.
Fields of Study & Subjects
Family and Matrimonial Law
Legal Studies and Reforms
Legal principles and applications
Publication details
- Journal / source
- Demidov Law Journal
- Volume
- 16
- Issue
- 1
- Pages
- 46–59
- Publication date
- 4 March 2026
- Language
- EN