Some Problems of the Realization of Marital Relation with Foreigners
Given that the right to marry is an inalienable right of everyone, guaranteed by international law and national legislation of different world countries, it is accordingly forbidden to interfere with the lawful marriage. At the same time, the marriage procedure in different countries has its own cha...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2021-07-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/472 |
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| author | S. S. Myrza I. A. Serednytska |
| author_facet | S. S. Myrza I. A. Serednytska |
| author_sort | S. S. Myrza |
| collection | DOAJ |
| description | Given that the right to marry is an inalienable right of everyone, guaranteed by international law and national legislation of different world countries, it is accordingly forbidden to interfere with the lawful marriage. At the same time, the marriage procedure in different countries has its own characteristics, which depend on such factors as culture, religion, features of the legal system, etc. The influence of these factors on the marriage with a foreign element and some problems that may arise during its conclusion were taken into account while writing this scientific article. Thus, since the current legislation and the legal system of different countries may significantly vary, there may be some problems in the implementation of marital relations with foreigners, which require more detailed study.
The problematic issue of realization of marital relations with foreigners on the territory of Ukraine and in foreign countries with different legal systems has been revealed. The procedure of concluding marriage between citizens of the state and certain aspects of marriage with foreigners has been determined.
Particular attention has been paid to the analysis of the procedure of marriage with a foreign element in countries with common law, Romano-Germanic and Islamic legal systems. It has been noted that marital and family relations are regulated by separate legislative acts and in some countries by religious norms.
The practical aspects of marriage registration have been revealed, in particular, the conditions, the observance of which is obligatory for the registration of marriage with a foreign element have been described and characterized.
It has been noted that marriage under current law of different countries can take place only if the established requirements are followed: conclusion of marriage contract, lack of close blood ties, compliance with the requirements of religion, reaching marriage age, mutual consent of both parties, equality, presence of witnesses while concluding a marriage contract and marriage, observance of folk traditions.
The emphasis has been placed on the fact that a foreign element within international family law at the time of marriage is manifested in two aspects: as a subject of legal relations and as a legal fact.
The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element. |
| format | Article |
| id | doaj-art-0fe5c31097c44d999d7ffa51ff483305 |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2021-07-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-0fe5c31097c44d999d7ffa51ff4833052025-02-02T02:48:37ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332021-07-0181216917510.32631/pb.2021.2.23472Some Problems of the Realization of Marital Relation with ForeignersS. S. Myrza0I. A. Serednytska1Odessa State University of Internal AffairsOdessa State University of Internal AffairsGiven that the right to marry is an inalienable right of everyone, guaranteed by international law and national legislation of different world countries, it is accordingly forbidden to interfere with the lawful marriage. At the same time, the marriage procedure in different countries has its own characteristics, which depend on such factors as culture, religion, features of the legal system, etc. The influence of these factors on the marriage with a foreign element and some problems that may arise during its conclusion were taken into account while writing this scientific article. Thus, since the current legislation and the legal system of different countries may significantly vary, there may be some problems in the implementation of marital relations with foreigners, which require more detailed study. The problematic issue of realization of marital relations with foreigners on the territory of Ukraine and in foreign countries with different legal systems has been revealed. The procedure of concluding marriage between citizens of the state and certain aspects of marriage with foreigners has been determined. Particular attention has been paid to the analysis of the procedure of marriage with a foreign element in countries with common law, Romano-Germanic and Islamic legal systems. It has been noted that marital and family relations are regulated by separate legislative acts and in some countries by religious norms. The practical aspects of marriage registration have been revealed, in particular, the conditions, the observance of which is obligatory for the registration of marriage with a foreign element have been described and characterized. It has been noted that marriage under current law of different countries can take place only if the established requirements are followed: conclusion of marriage contract, lack of close blood ties, compliance with the requirements of religion, reaching marriage age, mutual consent of both parties, equality, presence of witnesses while concluding a marriage contract and marriage, observance of folk traditions. The emphasis has been placed on the fact that a foreign element within international family law at the time of marriage is manifested in two aspects: as a subject of legal relations and as a legal fact. The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element.http://pb.univd.edu.ua/index.php/PB/article/view/472conclusion of marriagedissolution of marriageforeignersmarriage registrationmarital legal relationsfamily lawcase lawcommon lawromano-germanic law systemislamic legal system. |
| spellingShingle | S. S. Myrza I. A. Serednytska Some Problems of the Realization of Marital Relation with Foreigners Law and Safety conclusion of marriage dissolution of marriage foreigners marriage registration marital legal relations family law case law common law romano-germanic law system islamic legal system. |
| title | Some Problems of the Realization of Marital Relation with Foreigners |
| title_full | Some Problems of the Realization of Marital Relation with Foreigners |
| title_fullStr | Some Problems of the Realization of Marital Relation with Foreigners |
| title_full_unstemmed | Some Problems of the Realization of Marital Relation with Foreigners |
| title_short | Some Problems of the Realization of Marital Relation with Foreigners |
| title_sort | some problems of the realization of marital relation with foreigners |
| topic | conclusion of marriage dissolution of marriage foreigners marriage registration marital legal relations family law case law common law romano-germanic law system islamic legal system. |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/472 |
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