Conflict-of-law regulation of marriage-family relations in international private law
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 7, Issue
Abstract
The article is devoted to the definition of the peculiarities of conflict regulation of marriage and family relations in international private law. The author finds out the concept of family relations with a foreign element, defines the ways of conflict-legal regulation of marriage and family relationships in international private law, as well as the main international legal acts in the field of international family law. Research methods have become analytical, formal-legal, historical-legal and comparative. Family relations with a foreign element are defined as relations, the subjects of which are foreigners or stateless persons, or whose object is abroad, or the emergence, change, termination of which is related to the legal fact that takes place abroad. The author has determined that the legal regulation of family relations with a foreign element in the world can be carried out: separate provisions in the framework of civil codes; the laws of private international law, which contain conflict laws of family law; separate sections within the framework of family codes on the regulation of family relationships with a foreign element. At the international level (unification), family relations with a foreign element are regulated by a number of international legal acts, which we grouped: on the level of international legal regulation (global and regional); in the field of legal relations regulated by them (legal relations connected with marriage and its recognition, as well as termination; property relations of spouses and relations of maintenance; legal relations in the field of the protection of the rights of the child and the rights and responsibilities of parents and children). The author commented on the existence of two main approaches to the problem of an international marriage and family relations regulation at the level of national legislation, as well as the peculiarities of legal regulation of family relations with a foreign element. Also it was mentioned about the importance of the role of Ukraine's bilateral treaties on legal aid and legal relations, which may, to a certain extent, replace the provisions of national legislation (conflict-legal rules) in the regulation of relations with a foreign element.
Authors and Affiliations
Olha Viacheslavivna Shkilniuk
Keywords
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