Šeimos kaip teisės kategorijos turinys Lietuvos Respublikos įstatymuose
Substance of “Family” Legal Category of in Laws of the Republic of Lithuania

Summary/Abstract: The article analyses substance of legal category of “family”, as well what are the guidelines for the establishment of this category within the national laws in accordance with the necessity to ensure human rights provided for in case law of the European Court of Human Rights.The article consists of four parts. Taking into account the fact that the legislator upon the formulation of provisions and definitions on family must observe international obligations and their doctrinal interpretation, the first part of the article analyses international and doctrinal limits, mostly related with human rights protection. As regards the establishment of legal category of family taking into account that laws do have a unique definition of family, the second part of the article analyses in what forms and using what formulations the legal “family” category is laid down in laws. The third part analyses the substance of family concept in Lithuanian laws and what are features of family concept under the laws of the Republic of Lithuania. The fourth part seeks to answer whether the variety of notions of family in Lithuanian laws is purposive or it is only an outcome of inconsistence in regulation.It was established that under the case law of the European Court of Human Rights not only a marriage-based unions of individuals, but as well other, informal unions, should be regarded as families. As well, Lithuanian laws provide neither a single definition of a family nor rules for the description thereof. Besides, different ways of establishment of a legal “family” category in Lithuanian laws are neither purposive nor systematic.

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