Family Member


Family Member

 

in jurisprudence, a person who has the rights and bears the duties that are based on family relations.

Soviet legislation does not provide a set definition of a family member. The norms of various branches of Soviet law, proceeding from the purposes of legal regulation and the nature of the relations regulated, give legal weight to various circumstances that determine the character of the relationship a person has with a family. These circumstances include kinship, dependence, joint residence with other family members, and the maintenance of a common household.

Legislation dealing with marriage and the family establishes the personal and property rights and duties of family members; the right to receive support payments is among these rights. Civil legislation determines the rights and duties of family members regarding, for example, inheritance and housing. Legislation on labor and social insurance covers the rights of family members to receive financial support or a pension in case of the loss or incapacitation of the breadwinner. Kolkhoz legislation establishes the mutual rights and obligations of family members with respect to the joint property of the family or kolkhoz household.

In certain circumstances, people enjoy various benefits or privileges, as established by law, by virtue of being members of a given family. For example, a person is entitled to receive a moving allowance if a member of his family is being transferred to a new place of work. In accordance with Article 34 of the Law on Universal Military Obligation of Oct. 12, 1967, a person enjoys the right to delay a call to active military service for reasons concerning members of his family.