The degree of relationship in relation to. The concept of family ties and their legal consequences

Man is a social being: interpersonal connections and the association of people in various kinds of groups speak about this. People marry, give birth to children, entering into a special relationship, called kinship. There are blood and social types of kinship. Relationships can be close or distant. The distance between relatives is determined by the degree of kinship. Who belongs to whom and to whom? How to build a family tree and understand the intricacies of family relationships? You will find answers to these and other questions in our article.

Who are blood relatives?

Blood relationship is otherwise called biological or natural. There are several options for it:

• Direct kinship is established between relatives descended from each other, this is a parent and a child, for example, a mother and daughter.
• If several people are united by a common ancestor, then such relationship is recognized as lateral.
• Two common parents are a sign of a full-blooded relationship, that is, this is a family relationship between the children of one married couple.
• A half-blooded relative can be considered a person who has the same parent with you. Unfortunately, sometimes families break up, but after a divorce, people can remarry, and new children may appear. For example, if you have a common mother, and her daughter will be your half-sister, and her son will be your half-brother.

Types of social kinship

By getting married, a man and a woman create a new family. By registering their relationship, they bind themselves by marriage. If they have children, then blood ties are established with them, but they remain in social relationship with each other. The relatives of the spouses have the same relationship with each other: mother-in-law, father-in-law, son-in-law, mother-in-law, father-in-law, daughter-in-law - all this is relatives of a social nature.

Another type of social relationship is adoption.

In Christian families, religious ties between godparents, godfathers and godchildren are also considered social kinship.

Family near and far

Why are some relatives considered close and others distant? What bonds unite people in a family? In order to determine the distance between members of the same family, there is such a thing as the degree of relationship. This provision is difficult to explain by some scientific definition and is much easier to explain in a specific situation. In simple terms, this is the connection of one person with another through the birth. The more births between given persons, the greater the degree of relationship. Here are some examples:

• A woman and a boy born to her are connected by one birth, which means that mother and son are a primary connection.
• Grandmother and granddaughter are connected by two births, therefore, there is a second degree of relationship between them.

Related lines

People born from each other, consisting in a series of successive degrees, are usually called a kindred line. If you draw a family tree, then the faces will go one after the other, in a chain. For example, son, father, grandfather, great-grandfather will make up four degrees of the paternal line, and it will be ascending, in descending the same relatives will be designated as father, son, grandson, great-grandson. In addition, the child has a mother branch, which will be drawn in the same way.

How to find out the related degree?

To do this is simple, you just need to calculate how many births separate you from the selected family member. When you are born from a father and mother, you get two persons who are related to you in the first degree, a brother or sister becomes the second degree, and an aunt or uncle becomes the third.

Proof of relationship at distribution

A person can make a will, according to which the inheritance is transferred at his will, and not only the next of kin can be heirs. Such a will can be challenged, but for this you need to have evidence of the degree of relationship with the testator. If you happen to be one of the heirs, then you should know that the order of inheritance is determined by the Civil Code of the Russian Federation.

By bequeathing property to direct heirs - children, you can be sure that they will not have problems with its registration. If the will was made in favor of a person who is not a relative, then blood ties do not need to be confirmed. A certificate confirming the right of inheritance is issued in this case without determining the degree of kinship.

Often there are situations when it is necessary to confirm the blood degree of relationship. By law, children are the primary heirs. Sometimes it turns out that the deceased has illegitimate children who also have priority inheritance rights. Evidence can be both documents, such as a birth certificate, and oral testimony. The notary checks the documents of kinship and identifies the heir. In cases where there are no documents confirming the degree of kinship, children may be included in the certificate of inheritance with the consent of other persons who have such evidence.

It is much more difficult to prove the relationship of subsequent degrees. You can confirm that you are the brother or sister of the deceased on the basis of the issued birth certificates, which indicate the name, surname and patronymic of the common parents. The rest of the relatives also have to look for confirmation in the archives of the registry office, making written requests, and collect testimonies from common relatives.

Who's Who: Kinship Terminology

Whom do people become to each other, acquiring family ties? Let's try to figure it out, starting with the simplest. Who are blood relatives?

When a man has children, he becomes their father, a woman in this case acquires the status of a mother. Both of them can be called by the general term - parents. A born male child is a son for them, a girl is a daughter, both of them are children. A boy in relation to other children of his father and mother is called a brother, a girl in such a case is called a sister. The parents of the father and mother are the grandparents, and the children of the son or daughter are the grandson or granddaughter. The prefix "great-" is added to future generations, and relatives are called great-grandfathers, great-grandmothers, great-grandchildren and great-granddaughters.

These connections are simple and understandable to everyone. The situation is more complicated with blood relatives not in a straight line. Children of sisters and brothers are cousins ​​to each other, children of cousins ​​are second cousins, and so on. Your mother's or father's brother will be your uncle, and your sister will be your aunt.

New family - new family

Even more confusion arises in kinship through marriage. By creating a family, a man and a woman become spouses, being husband and wife to each other. The husband's father and mother are called father-in-law and mother-in-law, and the wife's parents are called father-in-law and mother-in-law. In relation to the parents of the spouses, the married are called son-in-law and daughter-in-law (daughter-in-law). The parents of the husband and wife are matchmakers to each other.

In the person of her husband's brother and sister, a woman acquires a brother-in-law and a sister-in-law, and the wife's brother and sister become a brother-in-law and sister-in-law for a man.

The Tree of Life: From Branches to Roots

A family tree is a schematic representation of a family tree. Who is it for? Firstly, a person does this for himself, studying the history of his family, his relatives, living and long gone. Such a scheme will be interesting for children, so they can understand who they came from, learn more about the generations of their ancestors.

How to draw up a pedigree chart?

First you need to collect as much information as possible about relatives and your family. It happens that people do not know who their grandfathers and great-grandfathers were. This situation arises when a newly created family arises far from the places where the ancestors lived. For this information, you can contact your parents or other older family members. With the right information, you can start creating your family tree.

First of all, state your name. It is better to arrange it so that there is room around it for everyone else. It will be most convenient to occupy the upper part of the sheet approximately in the middle. If you have children and grandchildren, step back a little from above, leaving room for them. Depicting relatives on the diagram, you will sink lower and lower to your roots - ancestors. You can place your name at the bottom of the sheet, then the branches will diverge upward.

The second step will be the location in the family tree of the parents with whom you have the first degree of relationship. Write their names above or below your cell, connect them to you by drawing arrows or lines to them. These are your next of kin. If you have more than two parents, include all of them. Your stepmother or stepfather will be reflected on the same level as the biological father and mother.

After that, place next to, on the same level with your name, blood and half brothers and sisters, also linking them to their parents. If they have wives, husbands or children, you can include them as well. The names of the spouses are next, and the children are higher or lower, depending on the direction you choose. Connect them with lines.

At the next level, indicate the parents of the father and mother, that is, your grandparents. From them, arrows will return to the previous level, leading to the names of the brothers or sisters of the mother or father, who are your aunts and uncles and are on the same level as your parents. Their wives and husbands will be listed next to them, and their children will be on the same level as you, as they are your cousins.

Continue filling the tree, sequentially including relatives known to you, until you have placed all of them.

Advantages of a computer family tree

In our mobile age, filled with computers, it is not at all necessary to draw a family tree with a pen on paper, you can entrust this to special programs for creating a family tree. There are many similar products, some of them are distributed completely free of charge.

Such a program is able to attach not only photos, but also video and audio recordings, it can search the Internet for matches in places, dates, events - your family tree may have data in common with other people's schemes. A questionnaire is added to each family member, where you can enter anything - from a description of appearance, contact information and documents to interesting facts from a biography. The programs are easy to use and understand even for inexperienced users. In addition, they are equipped with tips to help you fill in the information correctly and enter the data.

The pedigree can be displayed in the program as a table, in which the degree of relationship is reflected verbally, or as a diagram, where the relationships are expressed graphically.

Almost all programs have a print option. It is needed in order to transfer your creation from an electronic version to a paper version. Some programs offer several design templates to choose from. By choosing one of them, you can make your family tree not only informative, but also outwardly attractive.

Among such programs, the most popular are such products of foreign developers as GenoPro, GRAMPS, RootsMagic, SimTree, Family Tree Builder. There is also a Russian analogue - the Tree of Life program.

Father-in-law - husband's father
Mother-in-law - husband's mother
Father-in-law - wife's father
Mother-in-law - wife's mother
Brother-in-law - husband's brother
Brother-in-law - wife's brother
Sister-in-law - husband's sister
Sister-in-law - wife's sister
Brother-in-law - sister-in-law's husband
Son-in-law - daughter's husband, sister's husband, sister-in-law's husband
Daughter-in-law - son's wife in relation to father
A daughter-in-law is a brother's wife, a son's wife to his mother, a brother's wife
relation to the wife of another brother; also used instead of daughter-in-law, sister-in-law, sister-in-law
Matchmaker - the father of one of the spouses in relation to the parents of the other
Matchmaker - the mother of one of the spouses in relation to the parents of the other
Grandfather (grandfather) - the father of the father or mother. Grandmother (grandmother) - the mother of the father or mother
A cousin is the uncle of a father or mother. Great aunt - father's or mother's aunt
Grandson (granddaughter) - the son (daughter) of a daughter or son in relation to a grandfather or grandmother. Accordingly, a cousin (granddaughter) is the son (daughter) of a nephew or niece
Nephew (niece) - the son (daughter) of a brother or sister (relatives, cousins, second cousins). Accordingly, the child of a cousin (sister) is a cousin of a nephew, a second cousin (sister) is a second cousin of a nephew
Great-nephew (niece) - the grandson (granddaughter) of a brother or sister
Uncle (uncle, uncle) - father's or mother's brother, aunt's husband
Aunt (aunt, aunt) - the sister of the father or mother in relation to nephews. Uncle's wife in relation to his nephews
Cousin - related by grandfather or grandmother to the children of their sons and daughters
Second cousin - the son of a cousin's uncle or cousin's aunt
Cousin - the daughter of an uncle or aunt
A second cousin is the daughter of a great-uncle or great-aunt

In addition to modern concepts of the degree of kinship, it turns out that there are more ancient names of relatives in use.

FIRST DEGREE OF RELATIONSHIP
Father and son.
Father and daughter.
Mother and son.
Mother and daughter.

SECOND DEGREE RELATIONSHIP
grandfather and grandchildren,
Grandmother and grandchildren.

THIRD RELATIONSHIP
Great-grandfather and great-grandchildren
Uncle and nephews
Aunt and nephews.

FOURTH DEGREE OF RELATIONSHIP
Cousins ​​and brothers,
Great-uncle and great-nephews (nieces),
Great aunt and great-nephews (nieces).

FIFTH RELATIONSHIP
Great uncle and great nephew (niece).

SIXTH RELATIONSHIP
Second cousins ​​and brothers.

Getting acquainted with the terms of kinship, it should be remembered that the terms of consanguinity consist of keywords and definitions of the degree of kinship:

Grandmother, grandmother - the mother of the father or mother, the wife of the grandfather.
Brother - each of the sons of the same parents.
Bro, bro, bro, bro, bro - cousin.
Bratanna - brother's daughter, brother's niece.
Bratelnitsa - a relative in general, cousin or distant.
Bratych - brother's son, brother's nephew.
A grandson is the son of a daughter, a son, as well as the sons of a nephew or niece.
Granddaughter, grandson - the daughter of a son, daughter, as well as the daughter of a nephew or niece.
A grandfather is the father of a mother or father.
Grandfather, grandfather - aunt after uncle.
Dedich is the direct heir of his grandfather.
A daughter is a female person in relation to her parents.
Dshcherich is the nephew of his aunt.
Dschersha - niece by aunt.
An uncle is the brother of the father or mother. Thus, an uncle and aunt are the brother and sister of the mother or father. “The aunt has a nephew, and the uncle has a niece,” folk wisdom remarks.
A mother is a female person in relation to her children.
A father is a male person in relation to his children.
The father is the eldest in the generation.
Otchinnik, stepfather-son, heir.
A nephew is the son of a brother or sister.
Nephew and niece - the son and daughter of a brother or sister. Grand-nephews are the grandchildren of a brother or sister. By the way, grand relatives are any relatives in the third generation (second cousin): a cousin's son can be called a grand brother. In a relatively recent era, these native Russian terms of kinship have been supplemented by the words cousin and cousin, French in origin, denoting cousins ​​and sisters, as well as any distant blood relatives in the same tribe.
A niece is the daughter of a brother or sister.
Plemyash - relative, relative.
The progenitors are the first couple known by pedigree, from which the genus originates.

Kinship - a genetic link between people based on descent from a given ancestor. The grounds for the emergence of kinship relations differ depending on the type of these relations.

The occurrence of natural consanguinity is determined by who is the mother and father of the child. Father and mother are determined by the conception and birth of a child. In accordance with this, a person enters into family relations with parents and their relatives.

The legal blood relationship arises as a result of adoption. The adopted person acquires the status of a legitimate child from the moment of adoption (Art. 809 of the Civil Code of Japan), from that moment, family relations arise, similar to the relations of natural consanguinity with relatives of the adoptive parents (Art. 727 of the YaCC).

Relationship types:

1. direct (between parents and children) and lateral (between cousins)

2. descending (grandparents and grandchildren) and ascending (parents and children)

3. full-blooded (children having a common father and mother) and illegitimate (children having one common parent)

A distinction is made between a straight line, ascending and descending, according to whether it is a question of a connection that connects a certain person with those from whom he comes, or about his connection with those who come from him.

Degrees of relationship determined by the number of births separating relatives from each other. In calculating the degree of kinship, two methods are known - Romance and canonical systems. In Great Britain, France, Germany and Japan, the Romance system is adopted, which consists in counting the number of generations in ascending and descending lines.

The division of kinship into ascending and descending lines, as well as into direct and lateral lines, is important for determining the order of calling to inheritance and for establishing obstacles to marriage and adoption.

Art. 736 FGK

The succession of degrees makes up a line; A straight line is a succession of degrees between persons that come from one another ...

The lateral line to which brothers, sisters, aunts, nephews, nieces, cousins ​​belong is either the paternal or maternal line, depending on whether the relationship is between persons descended from a common ancestor on the father's side or from mother's side. Some lateral relatives belong simultaneously to both lines; such are brothers and sisters who have only a common father and are called consanguineous, as well as brothers and sisters who have only a common mother and who are called consanguineous, are lateral relatives in one line. 10

Art. 736 FGK

... a side line is a sequence of degrees between persons who do not descend from one another, but who descend from a common ancestor.

In a straight line, a straight descending line and a straight ascending line are distinguished.

The first is the line that connects the person with those from him, the second is the line that connects the person with those from whom it comes.

Art. 1589 GGU

... An illegitimate child and his father are not recognized as related.

Japanese law establishes a wide range of relatives, which are blood relatives up to the sixth degree of kinship, spouses, in-laws up to the third degree of kinship.

Kinship entails a number of legal consequences, varying depending on its degree. Thus, the duty of mutual assistance rests with blood relatives. Relatives up to the fourth degree of kinship have the right to apply for recognition as incapacitated or partially incapacitated. All relatives have the right to demand the annulment of marriage or adoption, the right to demand the deprivation of parental rights, the appointment or dismissal of a guardian, custodian, etc.

Termination of family relations. The common ground for the termination of family relations is death. This means that with the death of, for example, citizen A, his family relations with his father B, adopted by C, spouse D, etc., cease.

Relationships of natural consanguinity cannot be terminated on any grounds other than death.

By law, blood relations between the adopted child and the adoptive parent terminate with the death of one of the parties. In addition, after the death of the adopter, the adoptee may, with the permission of the family court, terminate all family relations between him and the blood relatives of the adopter. It should be borne in mind that carrying out this procedure after the death of the adopted child is not allowed.

Another ground for the termination of consanguinity under the law is the dissolution of adoption. In this case, from the moment of the said act, not only the relationship of the adopted child with the adoptive parents and their blood relatives is terminated, but also the family relations of persons who are related to the adopted person in a direct descending line with the adoptive parents and their blood relatives (Article 729 of the YaCC). eleven

In the UK, France and Germany, legal effects ran up to the fourth degree of kinship, while in Japan they ran up to the sixth degree. The Japanese Civil Code also provides for the termination of kinship.

Father-in-law - husband's father
Mother-in-law - husband's mother
Father-in-law - wife's father
Mother-in-law - wife's mother
Brother-in-law - husband's brother
Brother-in-law - wife's brother
Sister-in-law - husband's sister
Sister-in-law - wife's sister
Brother-in-law - sister-in-law's husband
Son-in-law - daughter's husband, sister's husband, sister-in-law's husband
Daughter-in-law - son's wife in relation to father

A daughter-in-law is a brother's wife, a son's wife to his mother, a brother's wife
relation to the wife of another brother; also used instead of daughter-in-law, sister-in-law, sister-in-law
Matchmaker - the father of one of the spouses in relation to the parents of the other
Matchmaker - the mother of one of the spouses in relation to the parents of the other
Grandfather (grandfather) - the father of the father or mother. Grandmother (grandmother) - the mother of the father or mother
A cousin is the uncle of a father or mother. Great aunt - father's or mother's aunt
Grandson (granddaughter) - the son (daughter) of a daughter or son in relation to a grandfather or grandmother. Accordingly, a cousin (granddaughter) is the son (daughter) of a nephew or niece
Nephew (niece) - the son (daughter) of a brother or sister (relatives, cousins, second cousins). Accordingly, the child of a cousin (sister) is a cousin of a nephew, a second cousin (sister) is a second cousin of a nephew
Great-nephew (niece) - the grandson (granddaughter) of a brother or sister
Uncle (uncle, uncle) - father's or mother's brother, aunt's husband
Aunt (aunt, aunt) - the sister of the father or mother in relation to nephews. Uncle's wife in relation to his nephews
Cousin - related by grandfather or grandmother to the children of their sons and daughters
Second cousin - the son of a cousin's uncle or cousin's aunt
Cousin - the daughter of an uncle or aunt
A second cousin is the daughter of a great-uncle or great-aunt

In addition to modern concepts of the degree of kinship, it turns out that there are more ancient names of relatives in use.

FIRST DEGREE OF RELATIONSHIP
Father and son.
Father and daughter.
Mother and son.
Mother and daughter.

SECOND DEGREE RELATIONSHIP
grandfather and grandchildren,
Grandmother and grandchildren.

THIRD RELATIONSHIP
Great-grandfather and great-grandchildren
Uncle and nephews
Aunt and nephews.

FOURTH DEGREE OF RELATIONSHIP
Cousins ​​and brothers,
Great-uncle and great-nephews (nieces),
Great aunt and great-nephews (nieces).

FIFTH RELATIONSHIP
Great uncle and great nephew (niece).

SIXTH RELATIONSHIP
Second cousins ​​and brothers.

Getting acquainted with the terms of kinship, it should be remembered that the terms of consanguinity consist of keywords and definitions of the degree of kinship:

Grandmother, grandmother - the mother of the father or mother, the wife of the grandfather.
Brother - each of the sons of the same parents.
Bro, bro, bro, bro, bro - cousin.
Bratanna - brother's daughter, brother's niece.
Bratelnitsa - a relative in general, cousin or distant.
Bratych - brother's son, brother's nephew.
A grandson is the son of a daughter, a son, as well as the sons of a nephew or niece.
Granddaughter, grandson - the daughter of a son, daughter, as well as the daughter of a nephew or niece.
A grandfather is the father of a mother or father.
Grandfather, grandfather - aunt after uncle.
Dedich is the direct heir of his grandfather.
A daughter is a female person in relation to her parents.
Dshcherich is the nephew of his aunt.
Dschersha - niece by aunt.
An uncle is the brother of the father or mother. Thus, an uncle and aunt are the brother and sister of the mother or father. “The aunt has a nephew, and the uncle has a niece,” folk wisdom remarks.
A mother is a female person in relation to her children.
A father is a male person in relation to his children.
The father is the eldest in the generation.
Otchinnik, stepfather-son, heir.
A nephew is the son of a brother or sister.
Nephew and niece - the son and daughter of a brother or sister. Grand-nephews are the grandchildren of a brother or sister. By the way, grand relatives are any relatives in the third generation (second cousin): a cousin's son can be called a grand brother. In a relatively recent era, these native Russian terms of kinship have been supplemented by the words cousin and cousin, French in origin, denoting cousins ​​and sisters, as well as any distant blood relatives in the same tribe.
A niece is the daughter of a brother or sister.
Plemyash - relative, relative.
The progenitors are the first couple known by pedigree, from which the genus originates.