PII | S160565900030947-5-1 |
DOI | 10.61205/S160565900030947-5 |
Publication type
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Article
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Status
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Approved
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Authors |
Occupation: рrofessor of the Department of Civil Law Affiliation: Тhe North-West Branch of Russian state University of justice
Address: Russian Federation,
Occupation: associate professor of Department of Civil law Affiliation: Тhe North-West Branch of Russian state University of justice
Address: Russian Federation
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Abstract |
The article is devoted to the study of the content of the legal category of «dependency» from the standpoint of inter-sectoral interaction. Considering dependency as a relationship that develops between the breadwinner and the dependent, the authors characterize the criteria of dependency.The purpose of the study is to identify differences in legislation and law enforcement when establishing the fact of being dependent and developing approaches to overcome them. The authors put forward and tested, using doctrinal positions and relevant judicial practice, the hypothesis of a universal approach to the content of the category of «dependency» in public and private branches of law. It is concluded that the dependency is intersectoral and is understood fairly uniformly, however, private law requires a more flexible (individual) approach to establishing dependency, which is achieved by establishing additional criteria by the legislator, such as disability, kinship, duration of dependent stay, cohabitation.The shortcomings of law enforcement identified as a result of the analysis of judicial practice materials and the proposed ways to solve them will contribute to improving the effectiveness of legal regulation and guaranteeing the rights of an incapacitated dependent. |
Keywords | intersectoral relations, dependency, breadwinner, dependent, disability, right to maintenance, social security law, civil law, inheritance law |
Received | 22.06.2024 |
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