Classification of restrictions on the exercise of subjective family rights

One of the traditional ways of cognition of any phenomenon is its classification, which is a logical process of division into certain types according to specific criteria. The classification makes it possible to form the basis for a special study of the implementation of restrictions on the exercise of subjective family rights. The classification of restrictions to family rights in the works of family law specialists is studied rather fragmentarily, since until recently this topic has not attracted attention of scholars. Instead, in the author’s opinion, classification as a special method makes it possible to reveal the concept of restrictions on subjective family rights; to identify the correlation between the categories «limits of family law» and «restrictions on the exercise of family rights»; and to consider «encumbrance of family rights» as a separate type of individual restrictions on the exercise of subjective rights which are imposed on family rights of a property nature. The classification of restrictions on the exercise of family rights may be made according to various criteria. However, the article focuses on the criterion of «grounds for establishment», since it can be used to determine the essence and features of the types of such restrictions. The author distinguishes and characterizes such types of restrictions on the exercise of family rights as normative (legislative) and individual ones.In turn, each of the studied types of restrictions on the exercise of family rights is also not homogeneous and includes certain subtypes. In particular, the normative restrictions on the exercise of family rights are grouped by their scope into general normative limits determined by the basic principles of exercise of subjective family rights; general normative limits on the exercise of subjective family rights determined by the general provisions of family law and relating to the exercise of any family rights; special normative limits on the exercise of subjective family rights determined by special provisions of family law and relating to the exercise of certain types of family rights.In turn, individual restrictions on the exercise of subjective family rights, due to the detailed criterion of the grounds for their establishment, are divided into those established by family agreements and those established by individual legal acts (court decisions, acts of guardianship and custody authorities, etc.). By applying the classification method, the author states that the establishment of restrictions on a certain subjective family right should be viewed as a narrowing of the freedom of behavior of a person vested with the relevant right.