On the issue of non-material benefits of family members and their personal non-property rights

It has been determined that the family, characterizing the natural properties of human existence, can be perceived exclusively as an intangible asset belonging to a citizen from birth. In the context of legal protection, the family acts as an object of a subjective personal non-property right – “the right to a family”, which, depending on the owner of this personal asset, can be perceived, in particular, as “the right to preserve the family” or as “the right to live and be raised in a family.” It has been concluded that all subjective rights, the object of which are the personal assets of family members, constitute the content of the corresponding personal non-property legal relationship, which is absolute according to the criterion of intersubjective relations: the owner of the intangible asset is confronted by an indefinite circle of persons who are obliged to refrain from encroaching on this asset. Considering that personal benefits of family members are outside civil circulation due to their inalienability and non-transferability in any other way, but are subject to legal protection from any encroachment on them, it has been established that the personal non-property legal relations themselves, arising in connection with such personal benefits, are devoid of dynamics: the legal connection of a personal non-property right and the opposing passive obligation of an unlimited number of persons performs an exclusively law enforcement function, ensuring the possibility of protecting the owner of a personal benefit from any violation of his personal non-property right. It has been proven that the subject of family law includes only personal non-property relations that are not related to property relations. The need to include such relations in the subject of family law regulation is due to the need to ensure legal protection of a whole complex of personal non-property rights, the object of which are the intangible (personal) benefits of family members.