MORALITY AS SOCIAL REGULATOR OF FAMILY RELATIONS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The article provides an analysis of peculiarities of morality influence on family relations, ascertains correlations of morality and law as social regulators of family relations. It is noted that morality unites such values and high ideals in the field of family to which people strived for throughout the whole history. Such main directions of influence of morality on the regulation of family relations were determined: using of the term «moral principles of society» while establishing family rights and duties of family relations participants; government declaration of the principle of moral incentive of maternity and paternity; using the term «immoral behavior» for behavior characterization in the field of family relations that is harmful for society; devoting a significant role from the side of law to moral upbringing, moral development and moral security of a child. The principles of family and legal regulation are such high human ideals such as justice, honesty, intelligence, which are moral categories. In addition, it is determined that regulation of family relations is carried out in accordance with the moral principles of society (P. 9 Art. 7 of the Family Code of Ukraine), that is, it can be affirmed that the moral principles of society directly regulate family relations which are not regulated by family law. Moral society principles are also important in consideration of customs during court solution of family disputes, during taking measures by the couple to the maintenance of the marital relationship, in determining the conditions of the premarital agreement, on the legal regime of marital property, during taking measures by court action to reconciliation between the spouses, in the choosing of rules and methods of upbringing by parents, prohibition of child abandonment by parents. It is founded that morality unlike law is more effective social regulator of family relations.
Authors and Affiliations
К. І. Кучерук
Keywords
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