LIMITS OF THE EXERCISE OF FAMILY RIGHTS

Abstract

Introduction: modern ideas about the exercise of rights are associated with the concepts of limits of the exercise of rights and abuse of rights. This topic is discussed in the paper with regard to the science of family law. Researchers use the concept of the abuse of parental rights in works on family law, the legislator – when referring to measures of family law protection and the extreme form of responsibility. Meanwhile, the content of the interrelated concept of the limits of the exercise of family rights has not yet been researched in detail as distinguished from other concepts. There are no works providing insight into the scope of this concept determined by its belonging to family law, no studies discussing the common and distinctive features of the concept in relation to other branches (in particular, in relation to civil law, where the abovementioned categories have been developed sufficiently). The existence of concepts that do not have a well-developed comprehensive definition negatively affects both social relations and law enforcement. Purpose: to define the concept of ‘the limits of the exercise of family rights’, to identify the attributes of the limits of the exercise of family rights, the meaning of the formation of the term. Methods: historical, comparative-legal, structural-functional. Results: the paper provides a study of the category ‘limits of the exercise of the right’ from a historical perspective; identifies the attributes of the definition of this concept, thus distinguishing it from other similar concepts; provides understanding of the limits of the exercise of family rights and fulfilment of obligations as presented in the science of family law; offers the term ‘limits of the exercise of family rights and fulfilment of obligations’. Conclusions: the conclusions drawn as a result of the research conducted can be applied in the development of scientific knowledge about the exercise of family rights and fulfillment of obligations.