1. ДО ПРОБЛЕМИ КВАЗІШЛЮБНИХ ПРАВОВІДНОСИН.
- Author
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Р. Ю., Рачинський
- Subjects
MARRIAGE ,DISPUTE resolution ,MARITAL relations ,MARRIAGE law ,SOCIAL problems ,SAME-sex marriage ,GAY couples - Abstract
In the article, the author examines the issues of quasi-marital relations which in essence resemble marriage but do not meet all the requirements of the law on official marriage. The study is aimed at drawing the attention of the public and of the scientific community to the problems of quasi-marital relations and the need to regulate them. The author analyses the current state of legal regulation of marriage relations in Ukraine. The author notes that quasi-marital or de facto marital relations can be considered typical for modern society. In such relationships, couples live together, have children and property together, but their rights and obligations are regulated not by the Family Code, but by genera l civil law and are less protected. The author identifies the following main legal problems for quasi-marital relationships: restrictions on personal non-property rights, difficulties in resolving property issues, difficulties in proving in court the fact of cohabitation and running a common household, etc. The reasons for these problems are the uncertainty of the legal status of partners in quasi-marital le gal relations. Based on the analysis of scientific literature, the author concludes that current trends in marriage are caused by the desire to preserve individuality within the framework of partnership relations. Therefore, marriage in modern conditions should be viewed as a union of two equal individuals who preserve their identity. The author emphasizes that there is no uniform approach of the judicial authorities to resolving disputes arising out of being in a de facto marriage due to the lack of a clear system of legal regulation of such relations. To substantiate this, the author examines examples from the case law of the Supreme Court of Ukraine and the European Court of Human Rights. Considerable attention is paid to the issue of same-sex marriages, which has become more acute in the context of Russia's armed aggression against Ukraine. Even if necessary, it is impossible to apply the judicial procedure of proof to their actual relations. The author argues that ignoring quasi-marital legal relations means leaving out a significant number of problems. The author discusses the existing legislative initiatives which are an alternative to traditional official marriage for both same-sex and different-sex couples who for some reason do not wish to legalise their relationships through marriage, and which may be the institution of registered partnership. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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