A brother or sister is often the closest to a person in the world. Sometimes you want to call a friend this way, but a real blood brother can only be someone with whom you have at least one common parent - mother or father. In addition, there are godbrothers, half-brothers, named brothers and, of course, cousins. Once you start to figure out which relatives are related to whom, it is very easy to get confused. And to understand, for example, who the cousin’s cousin is, becomes almost impossible.

What does the term mean?

Cousins ​​are those whose parents are blood brothers or sisters. That is, either your brother's mother is your aunt, or your father is your uncle. These laws of kinship apply regardless of gender. It’s just that if it is a female relative, then he is called a cousin, and if it is a male relative, he is called a cousin.

Literally, the word “cousin” means “belonging to two families.” And in a figurative meaning, this word can be understood as “belonging to the second degree of kinship.” By the way, other relatives can also be cousins: grandparents, aunts and uncles.

The need to determine degrees of relationship arose in those days when it was customary to have many children - at least five. They, in turn, had the same number of children, and in the end it became completely difficult to figure out who was dealing with whom. But it is also wrong to exclude a sibling from the kinship of children - after all, this is not the most distant relative. And, besides, in that era, family ties were very helpful, and people clung to them. Nowadays city dwellers usually limit themselves to communicating with relatives of the first generation, or at most the second. But earlier, the importance of family ties played a big role, and cousins, uncles and aunts were considered close people, despite the fact that there were so many of them.

Relation degree

Relatives do not always treat each other well, and sometimes they would prefer not to have anything in common, but this does not depend on their desire. Kinship is a connection between people, both emotional and legal, which is determined either by the presence of common ancestors, or by the act of marriage or adoption.

Relationships can be consanguineous or non-consanguineous (for example, through marriage and adoption). In addition, it has degrees. In addition to the emotional coloring, these degrees play a role in receiving an inheritance. Thus, first of all, the inheritance will be given to the closest relatives, and to second-order relatives only in the absence of the first ones. Immediate family members include parents, children, spouses and siblings. If there are no second-order relatives, then third-degree relatives can also claim the inheritance, and so on.

In the Russian tradition, there are dozens of names for degrees of kinship. This is due to the fact that our ancestors used to live in large communities, and belonging to a large family gave advantages, since it was easier to survive together.

It is noteworthy that in villages a similar attitude towards kinship can still be found today. At village weddings there are at least 100 people. And in the city it became very difficult to maintain such family ties, and such interesting names of kinship as father-in-chief, father-in-law, or daughter-in-law became archaic.

Step-brother

Do not confuse cousins ​​and stepbrothers. Stepbrothers are not blood. They became brothers as a result of the marriage between their parents. After all, after such a marriage, children begin to live together like brothers. But they are neither official nor blood relatives. If children are of different sexes, then theoretically they can even get married, but in practice this is condemned and considered immoral. Since many still see a hint of incest in this.

Cousins

There is an opinion that cousin is the same cousin, because in English and French this combination of words is translated as cousin. But here it is worth noting that literal translation is not always possible due to conceptual differences in cultures. Both the English and the French use the word “cousin” to designate a distant blood relative in the same tribe as someone, and not necessarily in the second. That is, they also call second and fourth cousins ​​cousins.

And if we transfer this word into the Russian language, then it is also only as a common name for all brothers, except for siblings. And “cousin,” accordingly, is the name for sisters of all tribes.

Who are the wives' or husbands' cousins?

They are relatives, naturally, not by blood. If we talk about who the husband’s cousin is, then we can say that he is the cousin-in-law. But, in fact, only a sibling is considered a relative and is simply called a brother-in-law.

Questions about, for example, who is the husband's cousin, are asked more for the sake of educational interest, and not in order to maintain such family ties. In the Russian tradition, this degree of relationship is called “seventh water on jelly.”

Children of cousins

Family ties such as grandmother - grandson, aunt - niece are preserved even with cousins, but with a prefix. And if we talk about a specific case, for example, about who your cousin’s daughter is, then she is your cousin’s niece. And the daughter of a second cousin will be a second cousin, that is, a niece in the third generation. Who is your cousin's son? Accordingly, a cousin's nephew.

The children of cousins ​​themselves will also have a relationship in relation to each other, but this time it will be threefold. This means they can be called second cousins. This relationship is already quite distant, and often they do not even know each other closely. But it’s still worth knowing about such relatives.

Can cousins ​​get married?

This question has two sides: moral and formal. According to Article 14, paragraph 2 of the Family Code of the Russian Federation, such marriages are possible. But from a moral, ethical and genetic point of view, this is extremely undesirable. This is still too close a relationship, and it can cause genetic abnormalities in the children of such spouses.

In the history of monarchical states, including Russian Empire, there are many cases where, in order to maintain power, people married cousins. And since an heir was needed, they had to have children. The latter almost always had either poor health or some kind of abnormality.

Hemophilia of Tsarevich Alexei Nikolaevich Romanov was a hereditary disease of the Romanovs and, remarkably, other royal houses of Europe in the 19th-20th centuries. It was called “the royal disease” in those days. Now geneticists are very likely to claim that this pathology was caused by numerous incest in the reigning clans. Because then, in order to preserve the throne within the same clan, they did not disdain marriage between cousins, without seeing anything immoral in it.

Fourth and fifth cousins

The terms “fourth cousin”, “fifth cousin” and so on are formed rather by analogy and in real life are rarely used anymore. In some cultures, it is customary for all numerous relatives to gather for weddings or funerals, and then at such events they begin to remember who is a fourth cousin and who is a sixth cousin. But, in fact, these are already very distant relatives. Should such people be considered relatives? modern world - philosophical question. After all, if you start digging even deeper, then all people on Earth are relatives to each other in the fourteenth generation.

Does my deceased aunt's cousin have rights to inheritance?

My aunt died. She has neither a husband nor children. I am the closest relative. Her cousin, citing the fact that she lived with her. It is not true. When I submitted documents for inheritance. I found out that she had also applied and wrote in the application that there were no other relatives besides her. Does she have any rights to inheritance? Thank you in advance.

Lawyers' answers (1)

The law defines the order of heirs, look below and determine for yourself which of you is in which order.

Article 1141. General provisions

1. Heirs by law are called to inherit in the order of priority provided for in Articles 1142-1145 and 1148 of this Code. The heirs of each subsequent queue inherit if there are no heirs of previous queues, that is, if there are no heirs of previous queues, or none of them has the right to inherit , either all of them are excluded from inheritance (Article 1117), or deprived of inheritance (clause 1 of Article 1119), or none of them accepted the inheritance, or all of them refused the inheritance.

2. Heirs of the same line inherit in equal shares, with the exception of heirs inheriting by right of representation (Article 1146).
Article 1142. Heirs of the first stage

1. The heirs of the first priority according to the law are the children, spouse and parents of the testator.

2. The grandchildren of the testator and their descendants inherit by right of representation.
Article 1143. Heirs of the second stage

1. If there are no heirs of the first stage, the heirs of the second stage according to the law are the full and half-blood brothers and sisters of the testator, his grandparents on both the father’s and mother’s sides.

2. Children of full and half brothers and sisters of the testator (nephews and nieces of the testator) inherit by right of representation.

1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator’s parents (uncles and aunts of the testator).

Article 1145. Heirs of subsequent orders

1. If there are no heirs of the first, second and third orders (Articles 1142-1144), the right to inherit by law is received by relatives of the testator of the third, fourth and fifth degrees of kinship, not related to the heirs of previous orders. The degree of kinship is determined by the number of births separating relatives of one from another. The birth of the testator himself is not included in this number.

2. In accordance with paragraph 1 of this article, the following are called upon to inherit: as fourth-degree heirs, relatives of the third degree of kinship - the great-grandparents of the testator; as fifth-degree heirs, relatives of the fourth degree of kinship - children of the testator’s own nephews and nieces (great-grandsons and granddaughters) and siblings of his grandparents (great-grandparents) as heirs of the sixth degree, relatives of the fifth degree of kinship - children of the testator’s cousins ​​and granddaughters (great-great-grandsons and great-granddaughters), children of his cousins ​​(great-nephews and nieces) and children of his great-uncles and grandmothers (great uncles and aunts)

3. If there are no heirs of previous orders, the stepsons, stepdaughters, stepfather and stepmother of the testator are called upon by law to inherit as heirs of the seventh order.

Looking for an answer?
It's easier to ask a lawyer!

Ask our lawyers a question - it’s much faster than looking for a solution.

The following is important: the employer bears full responsibility before the law for allowing an employee to work who does not have a personal medical record, as well as planned medical examinations. For sanitary violations, disciplinary, administrative or criminal liability is established. Disciplinary responsibility is carried out by managers within their enterprise in accordance with Labor Code Russian Federation. Criminal liability is applied in cases of mass infectious diseases [&hellip]

The category of psychological tests also includes motivational tests that help identify what the applicant expects from a new position and from life in general. The personal sphere of a person is studied using projective tests: Luscher color test, Roschhar test, Markert test (about mood), Rosenzweig test (for frustration reactions). In addition to projective tests, personality questionnaires are used: Myers and Briggs (type indicator) socionic DV-Test [&hellip]

For the period from January 1, 2013 to March 31, 2013: 9647.56 rubles x (6859.00/6432.00) = 10284.29 rubles. Thus, the amount of deductions, thanks to re-indexation, in the period from September 2012 to March 2013 increased from 9580.50 rubles. up to 10284.29 rub. Indexation for the past period By general rules The Family Code establishes a three-year period for collecting alimony. At the same time, [&hellip]

Question (asked 02/23/2017) HELLO. I’M SEEKING YOU FOR ADVICE, MY NAME IS YULIA, I’M 35 YEARS OLD, I’VE BEEN LIVING IN A CIVIL MARRIAGE FOR 4 YEARS, WE HAVE NO CHILDREN IN COMMON, I HAVE 2 DAUGHTERS, 3 AND 9 YEARS OLD, WE WANT TO USE THEM ADOPTION A CHILD , TELL US HOW TO DO THIS? Answer Hello, since you are not officially married, you can only adopt separately, and not one and [&hellip]

Result: the court of first instance ruled in favor of the plaintiff and demanded that the direct heir return the car to Semenov. “In this case, the court’s decision could not have been different, since based on the totality of evidence presented by the plaintiff, it followed that the disputed property was acquired precisely at the expense of funds belonging to the plaintiff,” explained Anush Harutyunyan, leading legal consultant at the law firm Gavryushkin Partners. – The main problem of the losing side was the failure to provide evidence in favor of its position. It is impossible to predict or prevent the situation of a possible dispute with relatives regarding inheritance, since in situations concerning property it is difficult to rely on human good faith.

No. 5788: can a stepsister apply for an apartment?

But the Korobkovs had lost a lot of time, and the court sided with their older brother. Such cases have a positive perspective if at the time of inheritance one of the heirs was a minor.

Even years later, an heir whose rights have been infringed may receive a court decision in his favor.” Changing a surname is an obstacle to a deal. It happens that a change of surname can greatly interfere with the acceptance of an inheritance.

This is especially true for daughters who have been married more than once. This is how it happened in the history of the Vasilyev family. A dispute arose between the heirs, reminiscent of the previous story.
The daughter from her first marriage accidentally found out that her father had died much earlier than her step-relatives had told her. Due to the fact that the heiress lived in Israel, the conduct of the case was greatly complicated.
But she was lucky: she managed to meet the deadline established by law and filed for inheritance.

Keyword: right to inheritance

The heirs of the fifth stage will be relatives of the fourth degree of kinship: cousins ​​and granddaughters - children of the testator’s own nephews and nieces - and great-uncles and grandmothers - siblings of his grandparents. It should be borne in mind that cousins ​​and granddaughters cannot inherit property , if it is not accepted, they refuse the inheritance, are deprived of the inheritance or are excluded from inheritance, the heirs of the second line of inheritance - brothers and sisters, since according to the laws formal logic in the absence of second-order heirs, there cannot be cousins ​​at all in nature.6.

Legal company eyeright

These applications may be submitted to the notary in person, by mail, by another person at the request, or through a representative. If submitted by mail or by another person, the authenticity of the applicant's signature is certified by a notary before sending the application.

When accepting an inheritance through a representative, he must be authorized by an appropriate power of attorney. Actual method of acceptance According to paragraph 2 of Art. 1153 of the Civil Code, actual acceptance presupposes physical possession of the inherited property and treating it as one’s own property.

Until proven otherwise in court, the successor is considered to have actually accepted the inheritance if he:

1. owns and manages property
2. protects it from external attacks
3. maintains it at his own expense
4. pays off the debts of a brother or sister.

Based on actual acceptance, after the expiration of the period established for that time (Art.

Inheritance of brothers and sisters after their death

Secondly, take the remaining half, combine it with other property of the deceased, which is not the common property of the spouses, and divide it equally between all the heirs of the corresponding order. For example, after the death of a person, one of his relatives was left with a wife and mother, and among his assets: an apartment and 2 cars, and the apartment was purchased during the marriage and therefore belongs to the common property of the spouses, but the cars do not.
In this situation, the wife must first be allocated half of the spouses’ common property, that is, 50% of the apartment. The remaining 50% and the car are divided equally between the wife and mother: 25% of the apartment and the car.
As a result, the wife is owed 75% of the apartment (50% + 25%) and the car, and the mother is owed 25% of the apartment and the car. Only the most typical situations have been described here, since it is impossible to cover all the variety of cases that occur in life.

How can an inheritance be taken away?

The remaining heirs learned about the death of their father almost two years later - from distant relatives, through social networks. The trial began: the plaintiffs demanded to set a new deadline in order to equally divide the inheritance.

According to them, the older brother deliberately kept silent about the death of his father, and the younger children did not have the physical opportunity and means to come to their parents from afar (the sister was on maternity leave, younger brother studied). The defendant said that the children were not particularly interested in their father’s condition during his lifetime and are now pursuing selfish goals. Result: the court sided with the older brother, leaving him with the entire inheritance. “According to the law, you need to enter into an inheritance 6 months from the date of death of a person,” explains Alexander Shcherbinin, deputy chairman of the Sterligov and Partners Bar Association. – If in this case the deadline had to be postponed by 1-2 months, the court would certainly have done so.

Mandatory share in inheritance

If after death a person has only a grandfather and an aunt left, then the grandfather will inherit all the property as the heir of the second stage, and the aunt, being the heir of the third stage, will again receive nothing. If there are several heirs of the same line, then the inheritance is divided equally between them. For example, after death there was a son, daughter and father of the deceased. All three of them are among the heirs of the first stage, therefore they have the right to receive an inheritance.

The share in the inheritance of each of them will be 1/3. Determining the circle of heirs may be complicated by taking into account the appearance of the already mentioned obligatory heirs, recognition of the heir as unworthy, the heir missing the deadline for accepting the inheritance, challenging the will, etc.

Can a sister claim an inheritance if her brother has a wife and children?

Spouse's share in inheritance The spouse of the deceased, in addition to being the heir of the first priority, also has the right to 1/2 of all jointly acquired property. According to the Family Code of the Russian Federation, all property acquired by spouses during marriage is their common property and each spouse has the right to half of this property. To learn more about what property belongs to the common property of spouses, read our article “General issues regarding the division of property of spouses during a divorce.” Thus, in order to determine the size of the spouse’s share in inheritance, it is necessary, firstly, to draw up a list of the spouses’ common property and allocate half of this property to the spouse as the share due to him in accordance with the Family Code of the Russian Federation.

The order of inheritance according to the law is determined mainly by the degree of relationship between the heir and the testator, taking into account the degree of consanguinity and other relationships equivalent to it according to the law. The degree of kinship is determined by the number of births separating one relative from another.

Since the birth of the testator himself is not included in this number, therefore, relatives of the first degree of kinship are parents and children of the second degree of kinship - grandparents and grandchildren of the third degree of kinship - great-grandparents, great-grandfathers and great-grandchildren. The degree of relationship is established on the basis of legal acts (documents) issued by authorized state bodies. Such legal documents include a birth certificate, marriage certificate, etc.1. Close relatives - heirs of the first stage - are the parents, children, spouse of the testator.

Can a half-sister claim an inheritance?

A resident of the city of Lepel asks a question: My brother recently died. He is survived by his wife and two children. He did not leave a will for his property. Can I, as a sister, claim his inheritance? I forgot to add that I work and am absolutely healthy. Yulia Zayats, lawyer: In accordance with Article 1057 of the Civil Code of the Republic of Belarus, the heirs according to the law of the first priority are the children, spouse and parents of the deceased. According to the law, heirs of each subsequent line receive the right to inherit in the absence of heirs of the previous line, their removal from the inheritance, their failure to accept the inheritance or their refusal of it.
Civil Code, the legislator provides for the possibility of successors to refuse to accept an inheritance, including in favor of other persons. This procedure is feasible within the period provided for in Art. 1154

Civil Code for the acceptance of inherited property. Moreover, the legislator allows refusal of inheritance, even after its formal or actual acceptance. Attention According to paragraph 1 of Art. 1159 of the Civil Code, in order to renounce the inheritance in favor of the brother, the successor must submit an appropriate application for refusal to the notary at the place of opening of the inheritance.

If a notary has already opened an inheritance case in relation to such an inheritance, then an application to renounce the inheritance in favor of the brother is submitted to such a notary. Provisions of Art.

Add a comment Cancel reply

Inheritance wife or sister

Inheritance

To your wife and you and your sister

After the death of a brother, how is the inheritance divided between daughter, wife, mother. Mother is 66 years old. After my father’s death, my sister donated her share in the apartment, which she inherited from his wife.

The inheritance will be divided between the wife and children. It doesn’t matter whether they communicated or not, they are heirs of the first stage. The sister is lost if there is no will for her.

Yes, kids! They remember only to receive an inheritance! Heirs of the 1st stage - parent, children, spouse. Go to the notary. But perhaps he disposed of his property during his lifetime.

Go to the notary!

Does the sister of a deceased brother have the right to inheritance? although his wife is against it and seems to have privatized everything to herself

Sisters cannot claim the inheritance; they could inherit only in the absence of the surviving spouse and child. This part is divided between the heirs of the surviving wife and child, by mutual agreement, and in case of disagreement, by the court.

If only the Sister was dependent on the brother.

Heirs of the first stage: spouse, children, parents of brother (.).
The second queue inherits if there is no one from the first.

If we are talking about Russia, and not about Moldova, or Mozambique, in the absence of a will, provided that the sister is able to work and was not dependent, the sister has the right only to gnashing of teeth. She is not one of the first priority heirs

A cousin died, there are no direct heirs. Can I (cousin) claim inheritance, common-law wife

You may be third-degree heirs by right of representation. A common-law wife is not an heir.

Hello! question of inheritance. at the beginning of 2008, my great-aunt, my sister, died dear grandmother. The inheritance was an apartment and a bank account. no will was drawn up. She was not married, she has no children or grandchildren.

You have the right to contact a notary with an application to enter into an inheritance. The cohabitant has no rights to inheritance.

If your brother does not have a will and there are no more heirs, then you have the right to contact a notary. Your husband's partner has no right to inheritance. If you want to leave her something, you will have to, for example, give it to her after registering ownership of the house.

Article 1144. Heirs of the third stage
1. If there are no heirs of the first and second stages, the heirs of the third stage according to the law are the full and half brothers and sisters of the testator’s parents (testator’s uncles and aunts).
2. Cousins ​​of the testator inherit by right of representation.
You need to contact a notary, presenting your passport, death certificate and documents confirming your relationship with the deceased and write an application for acceptance of the inheritance. The notary will issue a list of those required for representation in the inheritance case.
A common-law wife is not an heir.
You have the right, after receiving a Certificate of Inheritance and subsequent registration of real estate with the Federal Reserve System, to give a house to your cousin’s live-in partner.

A cohabitant cannot be an heir. Only common children, if any. You can only inherit if there are no children, no parents, no grandchildren, no brothers and sisters

A common-law wife may have ownership rights to a share in the property if she proves that she participated in the acquisition of this property through documentation. But she is not the heir. Needed within 6 months. claim your rights to inheritance from a notary, write a statement. The notary himself will give a list of documents, issue a request for the BTI, land cadastre, and the bank

We will consider the relationship between a man and his wife’s sister from the point of view of sexual desire. Each person is designed by nature in such a way that the power of sexual desire can even overcome the love for his wife, this is done for this purpose.

What share of the inheritance am I entitled to if I am the husband of the wife of the sister of the husband of the brother’s niece of the deceased?

Oh, I also didn’t think that I would have problems with my older sister because of the inheritance. Who knows how many wives he will have? Give each one an apartment? And so - live as long as you want, but you won’t be able to sell it until your brains fall into place.

Does your sister have a wife?)

You are entitled to a share as the husband of the wife of the sister of the husband of the brother of the deceased’s niece. Try to explain this to the notary :))

One fourth of the share that will be received by the sister of the brother of the wife of the tribe's grandson of Pokoinov's second cousin

Sister claims inheritance

Sister claims inheritance

1-room apartment. 2) dacha (which is privatized only for her husband). 3) car. 4) vegetable storage + savings left in the savings book. Please tell me what percentage of this property will legally go to me and my daughter. Thank you!/08/02/2013 Part 3 of the Civil Code of the Russian Federation establishes the grounds for inheritance: inheritance is carried out by will and by law, inheritance by law takes place when and since it is not changed by the will, as well as in other cases established by this Code (Art.

Lost sister claims Prince's inheritance

Can a sister claim her brother's inheritance and vice versa?

Is it possible to identify more or less similar ones from them? For the law, it is quite possible. Order of inheritance according to law The law has defined gradations of family relationships - from the closest to the least close. And he lined up the line of heirs. According to this order... Parents and children inherit first, as well as husband or wife - the closest relatives. The second are brothers and sisters, recognized as close as grandparents. So, heirs of the second stage - brothers and sisters - can inherit only if the heirs of the first stage are absent, deprived of inheritance or refused to inherit.

Cousin died, no direct heirs

The heirs of the second stage according to the law are the full and half-siblings of the testator, his grandparents on both the father's and mother's sides. Children of the testator's full and half-siblings (nephews and nieces of the testator) inherit by right of representation. You, as a cousin, are the heir of the third line. ST. 1144 Civil Code of the Russian Federation Article 1144.

Claim inheritance

49 of the RF IC), and in relation to children born in the period from October 1, 1968 to March 1, 1996 - in the presence of evidence confirming at least one of the circumstances listed in Art. 48 KoBS RSFSR. Let me explain to you, [i]dear Karina, that there are two independent grounds for filing an application to the court to establish a legally significant fact. The first of them is the establishment of the fact of paternity on the basis of Article 49 of the RF IC, when the father may not have recognized himself as such, and the second is the establishment of the fact of recognition of paternity, when the father recognized himself as such (Art.

Sister claims inheritance

Thank you in advance! 08 July 2014, 12:20 Olga, City not specified Answers from lawyers (4) unfortunately you do not have such rights. The daughter belongs to the heir of the first line, you to the second. The first priority also includes the parents of the deceased. And the fact that his daughter did not communicate with him does not mean anything.

Mom's sister claims inheritance

No one, neither her sister nor her brother, had any complaints.

After 6, everything had to be restored through the courts. In court, both the sister and the brother abandoned this apartment and the inheritance went completely to the mother, she gave it to herself. Today my sister shows up and demands my father’s documents and says, I’ll try to prove that I’m also his daughter and have the right to an apartment. What can she do? All these years she came and demanded money for this - something like 350,000 rubles.

Free consultation with a lawyer on wills and inheritance

After all, if you make one wrong action or even miss the deadline for submitting documents for one day, you risk not receiving what is due to you by law. It often happens that when the issue of inheritance arises, relations between relatives claiming it sharply deteriorate. And often in such cases the matter comes to court. To avoid such a situation, we recommend that you seek advice from our lawyers, who will explain to you your rights and obligations and help you determine the optimal course of action with other heirs. If you want to make a will, but don’t know where to start and how to formalize everything correctly, our experienced lawyers will also help you.

Can a brother claim an inheritance after the death of a brother who was married?

As far as is clear from your question, the deceased person has a spouse who is the heir of the first stage. Therefore, the brother will not be called to the inheritance. Munasipova Nina Viktorovna (11/19/2014 at 00:16:23) No, she can’t. In this case, the brother’s heirs will be his wife, children and parents (if any) in accordance with Article 1142 of the Civil Code. Article 1142 of the Civil Code.

My half-sister is claiming a share of my mother's inheritance

smile1605 11 Sep 2006

We're dealing with an inheritance case here. We are going to prove the relationship between the client and the testator, a second cousin.

And then I decided to clarify which order the heiress - second cousin - belonged to.

Turns out. NOT TO ANYONE

because The right of representation applies only to the first three queues. maximum for cousins.
and the last 6th line (not counting the 7th - stepsons, stepdaughters and stepfathers, stepmothers) are cousins, cousins. cousins ​​great-grandchildren.

Am I right, maybe I'm wrong, correct me.
Post edited by Strannik24: 11 September 2006 - 15:30

kuropatka 11 Sep 2006

It turns out that second cousins ​​and sisters do not inherit

Yes. It’s just, to put it mildly, the seventh water on jelly. Prove that you are a dependent.

-Guest- 15 Sep 2006

They can also inherit if:
1. specified in the will
2. were dependent on the deceased

Alderamin 15 Sep 2006

They can also inherit if:

3. there are no heirs of previous orders or they are deprived of the right to inherit.

In this case, would it be difficult for you to name the queue to which they belong?

--Valentina-- Sep 15, 2006

I didn’t have the codex at hand, but my memory seems to be failing me. so please accept with an amendment:
3. in the absence of other heirs by law. disabled dependents of the testator inherit independently as the eighth priority. clause 3 art. 1148 Civil Code of the Russian Federation
Disabled people include
- persons recognized as disabled people of groups 1, 2, 3
- persons who have reached a certain age (women 55 years old, men 60 years old)

Pastic 15 Sep 2006

Partially capable persons (? I saw this wording somewhere, I don’t want to clarify, like in pension legislation)
- citizens with limited legal capacity. Article 30 Civil Code

You're talking all sorts of bullshit. Partially capable - you yourself invented the term, but those with limited legal capacity are able to work. For some reason, minors were not mentioned at all.

And where did you get the idea that this second cousin was dependent on the testator - it’s completely unclear.

Sokol 30 Sep 2014

3. there are no heirs of previous orders or they are deprived of the right to inherit.

Alderamin Sep 30, 2014

3. there are no heirs of previous orders or they are deprived of the right to inherit.

But which article says this? As I understand it, if there were a clear rule from which it would follow that if “there are no heirs of previous orders or they are deprived of the right to inherit,” the rest of the relatives will inherit, there would be no reason to create this topic. The topic, however, is interesting. Now, if, indeed, the deceased has no one except his second cousins, then should the property be recognized as escheat, or what? With a living relative? In my opinion, this is not fair.

A bill has been submitted to the State Duma, which provides for the recognition as legal heirs of second cousins, as well as other citizens - up to a very distant degree of kinship, inclusive.

According to the draft law, if there are no heirs of the first, second and third stages, relatives up to the sixth degree of kinship inclusive will receive the right to inherit. It is proposed to include children of cousins' great-grandchildren and great-granddaughters (great-great-great-grandchildren and great-great-granddaughters), children of cousins' nephews and nieces (second cousins ​​and granddaughters) and children of cousins' uncles and aunts (second cousins).

According to the authors of the bill, expanding this circle of persons will significantly reduce the possibility of inheritance passing to the state and will protect the private property of citizens. In addition, this will ensure guarantees of the rights and legitimate interests of residents of Crimea and Sevastopol, since previously they were in the legal system of Ukraine, where persons up to the sixth degree of kinship inclusive have the right to inherit by law.

It is also noted that a similar practice of inheritance exists in Belarus; accordingly, the adoption of the bill will eliminate disagreements in substantive law between Moscow and Minsk, which is important in connection with the creation of the Eurasian Union.

Currently, the right to inheritance belongs to heirs of the first stage - children, spouse and parents of the deceased (grandchildren and their descendants inherit by right of representation); heirs of the second stage - full and half brothers and sisters, grandparents on the father's and mother's side (their children inherit by right of representation) heirs of the third stage - full and half-siblings of parents (uncles and aunts), as well as their children (cousins) by right of representation.

rain man 30 Sep 2014

while it seems that you are offering something illegal.

Well, say that you are young and inexperienced! But the essence was immediately grasped. And here there is no other choice: either everything will go to the insatiable government officials (and they are the kind of thieves) or they will grab this property for themselves. Within the limits of the law, of course, a complete escapade

But that’s it) then, if anything happens, I’ll contact you for a paid consultation.

sya-aku 24 Oct 2014

Alderamin 24 Oct 2014

By the way, I heard out of the blue that they want to introduce two more lines, just to capture second cousins

Isn’t that what my post #8 in the topic is about?

Kazan2502 10 Dec 2014

rain man 10 Dec 2014

I apologize for the stupid question, but the right to inheritance (hereditary transmission) by the right of representation (clause 2 of Article 1142) takes precedence over the right of the heir from the second priority?

It’s impossible to understand what you meant.

Kazan2502 10 Dec 2014

Who has the right to the right to inheritance (hereditary transmission) - the person specified in paragraph 2 of Art. 1142 or a relative from the second line?
In short, is the right to inheritance of a deceased heir inherited by his grandchildren (right of representation)?

rain man 10 Dec 2014

Who has the right to the right to inheritance (hereditary transmission) - the person specified in paragraph 2 of Art. 1142

First of all, you need to understand Art. 1156 of the Civil Code of the Russian Federation. it's about hereditary transmission.

heirs by right of representation are indicated not only in paragraph 2 of Art. 1142 of the Civil Code of the Russian Federation, another paragraph 2 of Art. 1143 of the Civil Code of the Russian Federation, and paragraph 2 of Art. 1144 Civil Code of the Russian Federation

In short, the right to inheritance of a deceased heir is inherited by his grandchildren (right of representation)

grandchildren inherit by right of representation.

If something is unclear to you, then take a breath, calm down and describe the situation clearly and in great detail, for example, such and such a person has died, it is known about such and such heirs, who will be the heir in such a situation.

landlord 10 Dec 2014

Kazan2502. if a grandson is called to inherit by right of representation, then he is equated to the heir of the first stage, and the “relative of the second stage” disappears.

Kazan2502 10 Dec 2014

Bereklik 14 Feb 2015

Stuck between Ukrainian and Russian inheritance laws in Crimea. The testator died in April 2014. The referendum passed, but the notarial legislation of Ukraine. The heiress, second cousin, filed an application for inheritance with the notary, the only heir, a pensioner, has a court decision on the recognition of kinship in hand for 2014. When entering into an inheritance, the notary does not refuse, but also does not issues an inheritance because since 2015, according to the legislation of the Russian Federation, there are no second cousins ​​in inheritance. The notary advised to go to court for recognition of the right to inheritance. What are the chances of receiving an inheritance?

Alderamin 15 Feb 2015

Stuck between Ukrainian and Russian inheritance laws in Crimea. The testator died in April 2014.

Lived where? Where is the property?

The referendum passed, but the notarial legislation of Ukraine.

Explain what notarial legislation has to do with this.

Heiress, second cousin, application for inheritance submitted to the notary

Do you have proof of filing?

the only heir, a pensioner, has a court decision on the recognition of kinship in hand for 2014. When entering into an inheritance, the notary does not refuse, but also does not issue the inheritance because since 2015, according to the legislation of the Russian Federation, there are no second cousins ​​in inheritance.

What does a notary not refuse?

Are husband and wife related or not? It is this question that we have to study further. Russian legislation in this area has many issues and nuances. If you learn about them, you can avoid a huge number of problems. So are spouses related to each other?

Blood relations

The answer is actually not as simple as it seems. It all depends on the situation and how one understands direct kinship.

From a biological point of view, spouses are not relatives. They are two separate independent individuals who produce offspring. Are husband and wife related? No. They have no blood relationship.

By the way, marriages between close relatives are prohibited in Russia. Therefore, even from the point of view of legislation, spouses cannot have common relatives. Otherwise, the marriage will not be concluded in the registry office.

Civil marriage

Is a wife legally related to her husband? As a rule, they do not talk about biological kinship in the legislation of the Russian Federation. Can spouses be considered related to each other in a legal sense?

No, if we are talking about living in a civil marriage. More precisely, about cohabitation - when a couple lives together, leads a common life, sometimes even has children, but their relationship is not officially registered in the registry office.

Accordingly, the spouse in such a marriage will lose many rights offered by the state to official husbands and wives. But more on that a little later. To begin with, it is necessary to find out whether persons who entered into a marriage can be considered relatives.

Official relations

Are husband and wife related or not? If living together is secured by registration in the registry office, then so-called family relationships. From the moment of marriage, spouses are considered members of the same family.

In part, they can be called relatives. However, some areas of Russian legislation place spouses in a separate category. Thus, husband and wife are members of the same family. Every citizen should remember this fact.

Criminal and Civil Law

Now a little about what exactly the legislation of the Russian Federation says regarding family ties between spouses. In Criminal Law there are the concepts of “spouses” and “close relatives”. Thus, there is no need to testify against these categories of citizens. Close relatives usually include parents, grandchildren, grandparents, brothers and sisters. Spouses, as is easy to see, belong to a different category of citizens. Is the husband related to the wife? According to criminal law, no. Spouse is a member new family, created by registering the relationship between a man and a woman in the registry office.

Similarly, spouses can be classified as a separate category in civil law. When arrested, all close relatives are required to notify about this event. And that is why questions arise regarding the family ties of the spouses. After all, a citizen can only have family members, not relatives. In this case, husbands and wives can be interpreted as close relatives.

Tax law

In Russia, certain tax benefits are provided for citizens conducting certain transactions with close relatives. So, for example, you can count on:

• exemption from tax on transactions;
• no need to pay taxes;
• transfer of inheritance and gifts without additional costs.

Are husband and wife legally related in this area? Yes. The term “close relatives” in Tax Law usually means not only brothers, sisters, grandparents, grandchildren and parents, but also spouses.

Housing Code

But in Housing Law there is no concept of kinship as such. Instead, the term "family member" is used. Are husband and wife related or not? In Housing Law, spouses are considered members of the same family. Therefore, we can assume some kind of relationship between them, secured not by blood, but by a legal document.

It is also customary to include parents of spouses and children as family members, especially if they all live together. If a third person moves in with blood relatives, he will automatically be recognized as a family member, despite the lack of real kinship.

Labor Code

A very mixed picture is emerging in the field of Labor legislation. Is the wife a close relative of her husband? It's difficult to answer. As practice shows, each employer decides on his own.

In the Labor legislation of the Russian Federation, close relatives are prohibited from working in the same municipal institutions, especially subordinate to each other. Also, when accepting a citizen for public service, all close relatives will be checked for criminal records.

In fact, in some companies, spouses are not considered close relatives. They work calmly together. When hired by government organizations, a husband/wife will most likely be checked for a criminal record. Therefore, we can come to the conclusion that the Labor Code of the Russian Federation does not provide an accurate definition of the relationship of spouses.

Hereditary matters

Are husband and wife legally related? Based on all of the above, we can come to the conclusion that in general the spouses are related to each other, although not by blood. Only in some cases will the husband/wife be classified as a separate category of family member.

In inheritance matters, kinship plays an important role. Especially if property is transferred to citizens without a will. In hereditary matters there are several lines of kinship. If there is no will, then the property is divided according to law. And here the degree of relationship with the citizen plays a role.

Are husband and wife related or not? If we talk about inheritance matters, then spouses are one of the main heirs. They, like children, are the ones who receive the inheritance first. This means that the wife and husband are relatives to each other.

Medicine

What can we say about medicine? The fact is that medical organizations have a certain internal routine. For example, they cannot disclose information about patients’ health status to third parties. And only close relatives can visit the seriously ill.

In this situation, the presence of a registered marriage plays a huge role. Official husband and wife are considered relatives in medicine. In a civil marriage, there is no kinship as such. Medical institutions treat common-law wives and husbands as strangers.

Results

Based on all of the above, we can come to the conclusion that the topic under study in Russian legislation does not have an unambiguous interpretation. Are husband and wife related or not? It all depends on the circumstances and the area of ​​law/life involved.

Husbands and wives are 100% members of the same family and spouses. Some believe that they become relatives to each other at the moment of marriage. Someone expresses the opinion that spouses receive the status of relatives after the birth of common children.

Most often, husbands and wives are considered as relatives, but not blood. Former spouses are former relatives, but nothing more. Often they are not considered close people at all.

Close relatives are most often parents, brothers, sisters, wives, husbands, granddaughters, grandchildren, grandparents, children. Usually the latter refers to not only relatives, but also adopted children. All this needs to be paid attention to. Especially in hereditary disputes. Close relatives and spouses in Russia are almost the same thing. Therefore, we can say with confidence that husbands and wives in an official marriage have quite a lot of rights and opportunities.

In everyday life, we hardly think about who our close relatives are. We call close - all blood and step-relatives from the same generation, as well as from the older or younger generation.

But in addition to the simple, philistine idea of ​​kinship relationships, there is an official, legal definition of this phenomenon.

Confirmation or refutation of a close family relationship may be required in many legal respects:

• upon marriage;
• upon deprivation or limitation of parental rights;
• when drawing up contracts;
• when paying taxes and state duties in case of receiving an inheritance or gift;
• when involved as witnesses in criminal proceedings;
• when inheriting by law, by will;
• when moving in and out of residential premises;
• upon employment, receiving paid and unpaid leaves, additional payments.

For example, the order of inheritance by law assumes that the priority applicants for inheritance are close relatives belonging to the first and second lines of inheritance. In other cases, if the testator left a will in which he indicated that the heirs were “close relatives”, but did not indicate specific persons, the husband or wife of the testator may find himself without a share, since by law he does not belong to this category.

But the given list of legal relations that follow from the concept of close kinship is far from complete.

The concept of kinship from the point of view of law is complex and ramified. In this article we will look at who is called a close relative by the legislation of the family, labor, housing, administrative and criminal branches of law.

Close relatives and family members

Oddly enough, in Russian legislation there is no uniform idea of ​​kinship relations. Each branch of law categorizes different individuals as close relatives.

Close relatives

Close relatives are direct ancestors or descendants along a vertical line (children and parents, grandparents and grandchildren, granddaughters), as well as along a horizontal line (full, half-sisters and brothers). Close kinship is based on the principle of common blood.

However, there are exceptions to this principle. So, despite the presence of consanguinity, great-grandmother, great-grandfather and great-grandson, great-granddaughter are not close relatives. Uncle, aunt and niece and nephew, cousin and cousin are not close relatives.

On the other hand, despite the lack of consanguinity, adoptive parents and adopted children are recognized as close relatives, the relationship between whom is identical to the relationship between children and parents.

As for the relationship between spouses, according to the principle of common blood, a husband and wife are not recognized as close relatives. The law calls such relationships a property. In-laws are also considered relatives from the spouse's side - mother-in-law and father-in-law, mother-in-law and father-in-law, son-in-law and daughter-in-law.

• common-law spouses;
• guardians, trustees and wards, wards;
• sister's husband, brother's wife.

Family members

The concept of family members is much broader. According to the Housing Law, a family is considered to be all persons living in the same residential premises, even not the closest relatives, for example, mother-in-law or father-in-law, mother-in-law or father-in-law, cousin or sister.

The concept of “close relatives” in the legislation of the Russian Federation

Constitution

Article 51 of the Constitution of the Russian Federation affirms one of the principles of criminal law - “no one can be obliged to testify against himself, against his spouse and close relatives” - while indicating that the circle of close relatives is determined by federal legislation. First of all, such a legislative act is the Family Code of the Russian Federation, as well as other legislative acts that we will consider below.

Family law

According to Article 14 of the RF IC, close relatives are...

• children and parents;
• grandfathers, grandmothers and grandchildren, granddaughters;
• sisters and brothers (full - having common parents, not full - having a common father or mother).

Administrative legislation

According to Article 25.6 of the Code of Administrative Offenses of the Russian Federation, close relatives include...

• children and parents;
• adopted children and adoptive parents;
• siblings;

Criminal procedural law

Article 5 of the Code of Criminal Procedure of the Russian Federation expands the circle of close relatives compared to the administrative law...

• husband and wife;
• children and parents;
• adopted children and adoptive parents;
• siblings;
• grandfathers, grandmothers and grandchildren, granddaughters.

According to the norms of the constitution and criminal procedural legislation, the listed persons have the right to refuse to testify in the investigative process and in court against close relatives.

Housing legislation

In housing legislation there is no concept of “close relatives” at all.

But according to Article 31 of the Housing Code of the Russian Federation, members of the homeowner’s family are husband and wife, children and parents. In addition, the owner has the right to move into the residential premises any person, even if he is not related to him by family ties. And this person will be recognized as a “family member”.

Tax law

Clause 18.1 of Article 217 of the Tax Code of the Russian Federation, speaking about close relatives, makes reference to the above-mentioned Article 14 of the RF IC. For them, tax legislation provides special privileges - income from transactions made between close relatives is not taxed. Also, tax is not paid on gifts and inheritances. Even the amount of the state fee that must be paid when entering into an inheritance depends on the degree of family ties. Close relatives pay only 0.3% (no more than 100 thousand rubles), the rest - 0.6% (no more than 1 million rubles).

Are they close relatives...

…husband and wife

The status of spouses should be given Special attention, according to family law (Article 14 of the RF IC), husband and wife are not close relatives, since they are not related by blood. But who then? According to Article 2 of the RF IC, husband and wife are family members.

However, marriage is a special type of relationship, secured by a special document (marriage certificate), a legal union that implies many privileges, including:

• Right of inheritance. In the absence of a will, the widow or widower is the first priority claimant to the inheritance along with the children and parents of the deceased, despite the lack of blood relationship;
• Joint marital property. Everything that a husband or wife acquires during their legal marriage belongs to them. equal rights, regardless of who and with what funds it was purchased. If necessary, joint property can be divided equally.

Adult citizens of different sexes can enter into marital relations, except in cases...

• one of them is legally married;
• presence of blood relationship (mother and son, father and daughter, grandfather and granddaughter, grandmother and grandson, brother and sister);
• the existence of a relationship between an adoptive parent and an adopted child;
• one of them has incapacitated status;

...ex-spouses

Former spouses, that is, husband and wife who have legally dissolved their marriage, lose all relations with each other. They are no longer family members and do not have the special privileges that the law grants to spouses.

…grandmother

The grandmother is a close relative for her grandson and granddaughter in accordance with Article 14 of the RF IC and other legislative acts.

…grandfather

A grandfather, like a grandmother, is a close relative to a grandson and granddaughter.

…grandson

A grandson and granddaughter are a close relative to the grandparents on the father's or mother's side.

Reading time: 8 minutes

Family ties are not only a social category, they have important legal significance. From a legal point of view, many rights and obligations arise from the presence of family ties. For example, the responsibility of parents to raise children directly arises due to the origin of the latter, and the right to inherit property depends on the degree of relationship with the deceased. Let's consider what the influence of family ties is on the scope of legal relations between people.

What are kinship ties

Kinship relations are social relations between people that arise from the fact of the origin of one individual from another, as well as several individuals from one ancestor.

By degree, close and distant kinship are distinguished, and by the presence of kinship ties, direct and indirect. It should be noted that regarding direct family ties, a direct ascending line of kinship and, accordingly, a descending line are distinguished separately.

From a legal point of view, only legally established connections matter. In other words, even if people are related to each other, such connections will entail the mutual emergence of rights and obligations between them not in all cases, but only when this is established by law.

In this case, it is difficult to overestimate the concept of family, kinship and property, their legal and legal significance, because many rights and obligations are directly related to the presence family relations. For example, parental responsibilities stem from the fact of paternity or maternity, and legal relations of inheritance stem from the fact of kinship with the testator.

In legal terms, it is important to clearly understand whether relatives are close or not. Therefore, when the question arises whether the list of close relatives in family law is exhaustive or not, one should be guided by the relevant provisions of the Family Code of the Russian Federation.

The legislative framework

Issues of family relations are regulated by the Civil Code of the Russian Federation (part three), as well as the Family Code of the Russian Federation. In addition, since the establishment of family ties occurs through the court, one should be guided by the relevant provisions of the Civil Procedure Code of the Russian Federation.

What are the degrees of relationship?

It can be difficult to figure out who is related to whom, because the variety of family ties and the terms used to denote them is very large. People often get confused in terms such as “stepson”, “stepdaughter”, “stepmother”, “brother-in-law”, “sister-in-law”, “brother-in-law”, unable to understand which of them have official status and which are used only in everyday life . Many people are increasingly turning to archives to reconstruct their family tree.

According to the degree of relationship, two lines are distinguished: direct and lateral. A straight line can be ascending or descending. The difference between a lateral line and a straight line is manifested in the fact that with a lateral line, several individuals are descended from common ancestors. With a straight line, the connection is obvious, for example, father and son.

Based on the presence of consanguineous ties, consanguineous and heterogeneous kinship are distinguished.

It is very convenient to study family connections in tables, which today are easy to find on the Internet.

It should be noted that direct relationships include first degree (parents and children) and second degree (grandparents and grandchildren). As for lateral kinship, a clear example of it are brothers and sisters.

The question of what the degree of relationship is and what significance it has very often arises in legal relations of inheritance, where disputes often arise between relatives, who has the right to claim the inheritance and in what order, and why some heirs in this case receive a priority right over others . In this regard, it is very useful for every citizen to understand how to determine the degree of kinship in a Russian family.

First degree relatives

Since, in accordance with the law, the degree of kinship is determined by the number of births by which relatives are separated from each other, it is logical that the law classifies the closest relatives, those who are directly related to each other, as the first degree of kinship. Thus, relatives of the 1st degree of kinship (separated from each other by one birth) are parents and children.

Here it is necessary to take into account that the current legislation provides for cases when people who are not related by consanguinity, due to the implementation of the opportunities provided for by family law, acquire the status of first-degree relatives.

This occurs, for example, in adoption, when a child becomes a member of the family, although the blood of the adoptive parents does not flow in his veins. Such a child in the family will have the same rights and responsibilities as those provided for natural children.

Relatives of other degrees of kinship

The second degree of kinship includes people separated by two births. For example, grandparents and their grandchildren are the second degree of relationship.

There are other degrees of kinship, for example, the third includes great-grandparents and great-grandchildren, as well as uncles and aunts in relation to nephews. Cousins ​​will already be in the fourth degree of kinship with each other, as well as great-aunts and grandfathers with respect to great-nephews. But cousins ​​and aunts in relation to cousins ​​are already the fifth degree of relationship. The sixth degree will include second cousins.

The meaning of kinship in inheritance

The degree of kinship during inheritance determines the right of certain relatives to inherit. In legal relations of inheritance, the right to receive property directly depends on the presence of family ties. In this regard, a lot of questions always arise, for example, to what degree of relationship should one classify one’s spouse.

According to the law, the spouse belongs to the line of heirs of the first degree, that is, on an equal basis with the children and parents of the deceased, he receives the right to inherit the corresponding share in the latter’s property.

However, the mere presence of a family connection does not give the right to inheritance. According to the law, calling for inheritance by heirs of the first priority automatically excludes the possibility of inheritance by representatives of subsequent orders. In other words, the order of kinship according to the law must be observed when receiving an inheritance in Russia.

What kind of kinship groups exist?

From a legal point of view, it is important to understand which types of kinship play a role in legal relations between relatives, and which ones have a social rather than a legal meaning. In this regard, it is necessary to understand exactly what types of kinship give rise to certain legal relations.

A complete diagram of kinship relationships involves indicating absolutely all types of kinship, including such concepts as, for example, brothers-in-law, matchmakers, and so on. Due to the variety of types of kinship relationships, it is advisable to consider only the main, most common types.

The first group includes blood ties, for example, parents and children, grandparents, brothers and sisters. This includes first cousins, as well as second cousins.

The second group, accordingly, consists of non-family ties (parents of the spouse, his brother or sister).

If we consider kinship not in a narrow legal field, but more broadly, then traditionally, for example, godparents can be considered relatives. However, from a legal point of view, such a relationship will not have any significance.

Sometimes you can come across a name for family ties that is quite unusual for the average person. For example, not everyone will be able to understand that a “daughter” is an aunt’s nephew, and a brother’s son is a “brother.”

Relatives who are consanguineous

Only those relatives who are related by origin are consanguineous. This can be either uplink or downlink communication. Depending on whether a relative is consanguineous or not, the scope of mutual rights and responsibilities between people depends.

This trend can be traced, for example, in the legal relations between parents and children arising due to origin. Everything is clear here, but are the parents themselves related to each other by blood? In this case, the connections that arise as a result of marriage are not blood or direct relationships, but only acquired ones.

In addition to parents and children, blood relatives include brothers and sisters, grandparents and grandchildren, uncles, aunts and nephews, as well as other relatives, provided that they are related by descent. Thus, origin is the key factor in the presence of consanguinity.

The concept of “close relatives”

Unlike blood, close relationship is a broader concept. The term “close relative” itself is enshrined in Article 14 of the RF IC, according to which close relatives mean both brothers and sisters (both full and not), and, naturally, parents and children, and also grandparents and grandchildren .

As we see from this definition, blood and immediate relatives are largely overlapping concepts, although blood relatives are understood as a somewhat wider range of subjects.

For example, according to the current legislation of the Russian Federation, during adoption, the status of an adopted child is no different from the status of a natural child.

Thus, such types of kinship as blood and close relationships often overlap, but do not completely coincide. At the same time, the adopted child will actually be considered a natural child, with absolutely the same amount of rights as if he had a biological origin from the adoptive parent.

Other blood relatives

When considering the issue of consanguinity, we should not forget that, in addition to parents and children, grandparents and grandchildren, as well as brothers and sisters, this category also includes others, for example, first cousins, second cousins ​​or fourth cousins.

Fourth cousins ​​include those relatives who have a common great-grandfather and great-grandmother; according to the degree of kinship, they are four-generation relatives.

Thus, the determining factor for determining whether siblings are related to each other by blood degree will be the presence of a common ancestor, for example, if they share a common great-grandmother.

If your grandmother or grandfather had a brother or sister, then, accordingly, their grandchildren will be your second cousins.

But cousins ​​will be children born in the marriage of a brother or sister of your parents.

The term cousin is used to refer to cousins. Therefore, if the question suddenly arises, who is a cousin in family ties, then this is a cousin.

Kinship relationships arising in marriage

When entering into a marriage, the spouses may have a question: to what degree of kinship are they in relation to each other? After all, there is no blood connection between them, but at the same time, marriage is family ties. According to family law, spouses cannot be close relatives, because marriages between them are expressly prohibited by law.

Legal relations arising in marriage are family legal relations between persons related by property.

Property is a relationship that arises due to the marriage of spouses and, in addition to creating a family, entails the emergence of family ties between the relatives of the wife and husband.

In other words, before marriage, the relatives of the spouses are not related to each other in any way, but after the newlyweds create a family, a relationship arises between the two clans, accordingly, now they are “in-laws.”

For the emergence of this kind of family ties, naturally, the first condition is marriage.

If a man and a woman get married, then their relatives become relatives. So, for example, if a wife has a brother, then he becomes a brother-in-law in relation to his sister's husband. If, for example, your sister gets married, then your sister’s husband will become your brother-in-law.

It is interesting that in the intricacy of names of connections between relatives of a husband and wife, there are terms that have several meanings in everyday life. For example, for a woman who is involved in dating men and women with the aim of creating families, a term such as “matchmaker” is traditionally used, but this term also refers to the mothers of spouses in relation to each other.

Relatives of the spouse in relation to the wife

The variety of possible family ties sometimes creates confusion in the understanding of who is actually related to whom, so the family ties of the husband and wife should be considered simultaneously with their connections in relation to new relatives (the husband’s relatives relative to the wife and vice versa).

Marriage leads to the fact that the relatives of the wife and husband, in turn, become relatives in relation to each other. The closest ties arise with the parents of the wife or husband. In this regard, the husband’s mother will be called mother-in-law, and, accordingly, the husband’s father will be called father-in-law.

In this regard, the question of the relationship between the wife’s parents, not only in relation directly to herself, but also in relation to her husband’s parents, is also interesting. How will the newlyweds' parents relate to each other?

Thus, the husband’s mother will be a “matchmaker” in relation to his wife’s parents and vice versa, and the father, accordingly, will be a “matchmaker.”

Simply put, a matchmaker is the mother of one of the spouses in relation to the parents of the other.

Wife's relatives in relation to husband

The wife's mother will be the husband's mother-in-law, and the wife's father will be the father-in-law. The daughter's husband is her parents' son-in-law.

As for the wife's mother, as a rule, in this case the terminology does not cause difficulties. This is largely due to the fact that the wife’s mother is the relative with whom the newly-made husband has to deal more often than with others. Some people even call their wife’s mother a second mother, but the term “mother-in-law” will still be traditional.

Consanguinity due to remarriage

In determining the legal status of children from previous marriages, the official establishment of paternity or maternity plays a key role. So, if the child’s father does not want or cannot raise him, then he may be deprived of parental rights. At the same time, the subsequent adoption of a child from a previous marriage will result in him becoming the son of the new father. In this case, the step-son of one of the spouses loses his legal connection in relation to his blood father.

Rights and responsibilities of family members towards each other

The main principle in the legal status of family members is respect for the equality of spouses. This, in particular, is reflected in the freedom to choose professional activity, occupation, profession, place of residence, and so on.

Family ties presuppose the emergence of property rights and obligations among spouses, for example, all property acquired jointly during marriage will be considered common.

Confirmation of family ties

Sometimes you have to face a situation in which official confirmation of relationship may be required. The latter may be necessary in cases where there is a need to establish family ties. For example, this often happens during inheritance so that the notary can identify the relationship between the heir and the testator.

Sometimes a document confirming a relationship can be a properly executed certificate of relationship (from the registry office). But most often you have to act through the court, by filing a claim to establish family ties.

Theory family law distinguishes such concepts as blood and close relationship, distinguishes direct and indirect (lateral) relationship into separate types. The variety of all kinds of family ties very often makes it difficult to understand who is related to whom.

From a legal point of view, it will only matter legislatively established connection. For example, spiritual kinship does not create any legal relations at all.

From a social point of view, the importance of family ties is also difficult to overestimate, because each of us in difficult life situations counts on the help of loved ones, just as our relatives rely on us.

Order of kinship in inheritance: Video

Lawyer. Member of the Bar Association of St. Petersburg. More than 10 years of experience. Graduated from St. Petersburg State University. I specialize in civil, family, housing, and land law.