What is the family institution

What is family

family is, according to the general modern understanding, the comprehensive relationship between parents and children, regardless of whether the parents are married to each other, whether the children are minors or of legal age or whether they have emerged from one or more people, or whether they are adoptive children, stepchildren or foster children are. The only decisive factor is whether a personal bond has developed that has grown. A legal definition however does not exist.

Family - Article 6 of the Basic Law


Family (© pololia / fotolia.com) The institution of the family is constitutionally protected. According to Art. 6 Paragraph 1 GG [Basic Law] family and marriage under the special protection of the state order. Accordingly, there are a number of rules on “family”. However, Article 6, Paragraph 1 of the Basic Law does not contain a legal definition of the concept of the family. There is also no other generally applicable legal definition of the term.

definition

According to the older case law of the Federal Constitutional Court [BVerfG], the family is the "The nucleus of the state community“(Cf. only BVerfGE 6, 55, 71). However, this definition of the BVerfG is unable to explain what exactly is to be understood by the term family.

In the general modern understanding, the family is the comprehensive relationship between parents and children, regardless of whether the parents are married to one another, whether the children are minors or of legal age, or whether they have emerged from one or more people, or whether they are adoptive , Stepchildren or foster children.

Legal structure of the family

The legal arrangement of Art. 6 GG can be found in the fourth book of the Civil Code [BGB], namely in Family law (§§ 1297 ff. BGB). There is at least in § 1589 BGB the term kinship "based on the ancestry Are defined. According to this, persons, one of which is descended from the other, are directly related.

Civil status law according to § 15 PStG

The Civil Status Act provides in § 15 PStG that the registrar has to enter the following information in the family register of spouses:

1. The common children the spouse.

2. Those shared by the spouses as child adopted children.

3. The children of the other spouse adopted as children by one spouse.

This is not a definition, but parallels can be drawn with the definition of general modern understanding.

Family members i. S. of the Housing Benefit Act

In contrast, other laws pull that Circle of family members "within the meaning of this law" much further. For example, the Housing Benefit Act in Section 4 (1) WoGG includes the applicant himself, the spouse, relatives in a straight line as well as second and third degree relatives in the sideline, in-laws in a straight line as well as in the second and third degree in the sideline and finally Foster children.

The examples for different understandings of terms in various laws could be continued. Overall, however, a small tendency can be ascertained: the concept of family is to be defined rather narrowly (so-called nuclear family), especially if, from a broader understanding, obligations or burdens for the Country would grow up - and vice versa (so-called extended family).