What is kinship in family law
Kinship implies a blood connection between people, i.e. descent from a common ancestor. De jure, a close relative is a spouse, despite the fact that there is no consanguinity between them.
Relations of kinship are important both in family law and in civil law, in particular, in legal relations related to inheritance.
So, close relatives (in accordance with Article 60 of the Code of the Republic of Belarus on marriage and family) are:
– husband or wife;
– parents (mother and father);
– children (native son and daughter);
– grandfather and grandmother;
– grandchildren and granddaughters;
– full and half brothers and sisters.
Full and half brothers and sisters: what is the difference
If a brother and sister have a common father and mother, then they are full brother and sister.
If a brother and sister have only a common father, or only a common mother, then they are half brother and sister.
In other words, children from different marriages will be half brothers and sisters. Let’s take an example. Man P. is married to woman N. P. has a son from a previous marriage I. P. and N. have two common children – daughter V. and son A.
Thus, V. and A. are full brother and sister. V. and I. are half sister and brother, and I. and A. are half brothers, since they have the same father P., but different mothers.
The concept of property in family law
Property, unlike kinship, does not imply blood ties. So, in property relations are the husband and relatives of the wife, or the wife and relatives of the husband (Article 61 of the Code of the Republic of Belarus on Marriage and Family).
Husband and wife are close relatives, and the husband and sister of the wife or the wife and brother of the husband are in a property relationship with each other.
The legal meaning of the degree of kinship in inheritance
When a person passes away, his property, as well as debts, pass to his heirs. Determining the degree of kinship is extremely important in legal relations related to inheritance.
So, first of all, the closest relatives are called to inherit, i.e. heirs of the first line. More distant relatives follow.
For a clearer understanding of the order of inheritance, it is necessary to understand the term “degree of relationship”. So, the “degree of relationship” refers to the number of births from a common ancestor. Moreover, the ancestor itself is not included in the calculation of these quantities.
So, for example, between mother and daughter, the first degree of relationship. Between the mother and the daughter’s son (grandson) – the second degree of relationship. Between the mother and the grandson’s daughter (great-granddaughter) – the third degree of relationship. In turn, in the first case, the mother is the grandson’s grandmother, and in the second case, the great-granddaughter is the great-grandmother.
Restrictions on work between close relatives
According to labor legislation (Article 27 of the Labor Code of the Republic of Belarus), close relatives and relatives cannot work in state organizations, being directly subordinate to each other.
For example, a father and daughter do not have the right to work in the prosecutor’s office if the father is the prosecutor of a district of a settlement, and the daughter is an assistant prosecutor in the prosecutor’s office of the same district. Such a norm of legislation is aimed at preventing the spread of corruption in state bodies.
Thus, relations of kinship and property are important for the performance of many legal actions. When applying to a notary, as well as registering their relatives at the place of residence, citizens must provide documents that confirm family relations.
