Concept, legal nature and structure of a family secret

The concept of a family secret of domestic literature was insufficiently investigated. The concept of a family secret as the data concerning a certain circle of subjects of family legal relationship which disclosure, can entail adverse effects is proved. The legal nature of a family secret is many-sided, it is offered to consider it as the system of norms as the benefit, as competence. The structure is offered in the form of 4 elements: mysteries of origin of children, mysteries of property character, mystery of personal character, secrecy of the will. The most difficult element in structure is the secrecy of the will. The bill "About the Joint Will of Spouses" is criticized. So far in the Russian family legislation there is no legal definition of a concept of family, the family member, a personal and family secret, etc. In the legislation exists many adjacent concepts relating to a family secret: in Article 150 of the Civil Code of the Russian Federation the personal and family secret, personal privacy are called. In Article 1 of the Family code among the principles the family secret is designated as inadmissibility of any intervention someone in affairs of family. But even criteria of reference of this or that information to these types of secrets are not specified anywhere. The right for a family secret is a constitutional right of citizens. According to Part 1 of Article 23 of the Constitution of the Russian Federation everyone has the right to personal privacy, a personal and family secret, protection of the honor and a reputation. The natural, legal entities, authorities and local government which are carrying out actions with confidential information on natural persons can be subjects of a personal and family secret. An owner of a personal and family secret is always the natural person or an uncertain circle of people connected among themselves by the relations of relationship or marriage. Competences of the family member are the maintenance of the right for a family secret to demand nondisclosure of the corresponding data and competence to dispose of this information at discretion, as well as a duty to keep a secret. The secrecy of the will as a legal many-sided phenomenon has to be kept from everyones the unreasoned and insolvent ideas in the theoretical plan. Generalizing stated, the author comes to the following conclusions: 1. The legal nature of a family secret is shown in three aspects: first is a set of norms of the different industries; secondly, family secret as benefit, i.e. subjects of civil law; thirdly, competences of the family member are the maintenance of the right for a family secret to demand nondisclosure of the corresponding data and competence to dispose of this information at discretion and also this secret not to disclose a duty. 2. The structure of a family secret includes: mystery of origin of children, mystery of property character, mystery of personal character, secrecy of the will.

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