Suchergebnisse

The institute of marriage annulment is not new basis regarding the end of legal relations between spouses. Marriage annulment was first mentioned in Lithuanian historical sources in 16th century. The grounds and procedures for declaring Marriage Null and Void are provided in the Article 3.37 of the Civil Code of Lithuanian Republic. In this work by the help of systematic method there is developed the substance of marriage annulment and its distinguishing points extracting this institute from the others institutes declaring the end of legal relations between spouses. This institute is being determined as the rejection of the country to accept and guard the alliance of spouses and to acclaim such alliance as marriage. Different grounds of marriage annulment are being analysed by the help of comparative method. Marrying a foreigners and getting married in the foreign countries becomes more and more popular nowadays. But also with this, the institute of marriage annulment becomes more applicable in practice. In this work we analyse international conventions, agreements and other international documents regarding acknowledgement of the court ruling. The special place in this work is set for European Union Law concerning marriage annulment, especially the new Brussels II (Council Regulation (EC) No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for the children of both spouses).

The institute of marriage annulment is not new basis regarding the end of legal relations between spouses. Marriage annulment was first mentioned in Lithuanian historical sources in 16th century. The grounds and procedures for declaring Marriage Null and Void are provided in the Article 3.37 of the Civil Code of Lithuanian Republic. In this work by the help of systematic method there is developed the substance of marriage annulment and its distinguishing points extracting this institute from the others institutes declaring the end of legal relations between spouses. This institute is being determined as the rejection of the country to accept and guard the alliance of spouses and to acclaim such alliance as marriage. Different grounds of marriage annulment are being analysed by the help of comparative method. Marrying a foreigners and getting married in the foreign countries becomes more and more popular nowadays. But also with this, the institute of marriage annulment becomes more applicable in practice. In this work we analyse international conventions, agreements and other international documents regarding acknowledgement of the court ruling. The special place in this work is set for European Union Law concerning marriage annulment, especially the new Brussels II (Council Regulation (EC) No 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for the children of both spouses).

The rising number of divorcing and not married couples, active sexual life of teenagers, is the problems that Lithuania faces nowadays. We can make an assumption that these problems occur from low moral virtues. Problem: the preparation for marriage and moral education is not sufficient. The main prove of this problem is increasing number of divorces, incapability to create a strong family. The object of the research: the possibility of preparation for marriage. The aim of the research: to reveal the possibility of students' preparation for marriage in secondary school. The objectives of the research: 1. To define the conception of marriage; 2. To clear the principles of marriage preparation; 3. To describe the role of family and school preparing teenagers to marriage; 4.To reveal the possibility of students' preparation for marriage in secondary school. The methodology of research: the research is based on Christian anthropology that confirms the indivisibility of human's spiritual and carnal sides, also the theory of sex education of S. Šalkauskas. The methods of the research: the analysis of literature, individual interview, request and content analysis. Conclusions: 1. The importance of marriage is acknowledge the government and the church; Marriage can be held only between matured persons, because it is a commitment first. 2. The principle of preparing marriage is educating a matured personality. 3. The role of family and school preparing young people for marriage is important, but parents' role is crucial. 4. The empiric analysis has shown that there are possibilities to prepare teenagers for marriage.

The rising number of divorcing and not married couples, active sexual life of teenagers, is the problems that Lithuania faces nowadays. We can make an assumption that these problems occur from low moral virtues. Problem: the preparation for marriage and moral education is not sufficient. The main prove of this problem is increasing number of divorces, incapability to create a strong family. The object of the research: the possibility of preparation for marriage. The aim of the research: to reveal the possibility of students' preparation for marriage in secondary school. The objectives of the research: 1. To define the conception of marriage; 2. To clear the principles of marriage preparation; 3. To describe the role of family and school preparing teenagers to marriage; 4.To reveal the possibility of students' preparation for marriage in secondary school. The methodology of research: the research is based on Christian anthropology that confirms the indivisibility of human's spiritual and carnal sides, also the theory of sex education of S. Šalkauskas. The methods of the research: the analysis of literature, individual interview, request and content analysis. Conclusions: 1. The importance of marriage is acknowledge the government and the church; Marriage can be held only between matured persons, because it is a commitment first. 2. The principle of preparing marriage is educating a matured personality. 3. The role of family and school preparing young people for marriage is important, but parents' role is crucial. 4. The empiric analysis has shown that there are possibilities to prepare teenagers for marriage.

The rising number of divorcing and not married couples, active sexual life of teenagers, is the problems that Lithuania faces nowadays. We can make an assumption that these problems occur from low moral virtues. Problem: the preparation for marriage and moral education is not sufficient. The main prove of this problem is increasing number of divorces, incapability to create a strong family. The object of the research: the possibility of preparation for marriage. The aim of the research: to reveal the possibility of students' preparation for marriage in secondary school. The objectives of the research: 1. To define the conception of marriage; 2. To clear the principles of marriage preparation; 3. To describe the role of family and school preparing teenagers to marriage; 4.To reveal the possibility of students' preparation for marriage in secondary school. The methodology of research: the research is based on Christian anthropology that confirms the indivisibility of human's spiritual and carnal sides, also the theory of sex education of S. Šalkauskas. The methods of the research: the analysis of literature, individual interview, request and content analysis. Conclusions: 1. The importance of marriage is acknowledge the government and the church; Marriage can be held only between matured persons, because it is a commitment first. 2. The principle of preparing marriage is educating a matured personality. 3. The role of family and school preparing young people for marriage is important, but parents' role is crucial. 4. The empiric analysis has shown that there are possibilities to prepare teenagers for marriage.

The marriage institute of the 1st half of the 20th century, which encompasses broad historical-legal aspects as well as cultural-social sections of society, is perhaps the most striking dimension by which it is possible to reconstruct the principles of family formation in the interwar Lithuania. It is also possible to grasp the concept of romantic love (passion) emerging in society or the change of male-female relationships (including sexual ones). As far as marital, pre-marital, or non-marital relationships between men and women are concerned, it is clear that marriage and family are key elements through which acceleration of the changing society can be felt and political and social mechanisms that are relevant to gender collaboration can be described. Therefore, the subject of this study includes marriage as a legal event, a demographic section, and a striking case of the manwoman relationship behavior of 1918–1940. Analysis of statistical data in the study showed that marital behavior change in the general public during the period of 1918–1940 took place, but they were not radical: the changes were not a sudden cultural or social revolution in society. The causes of marriage continued to be dominated by the economic and confessional motives, and behavior was influenced by romantic love (passion), thus, differences in rural and urban environments began to appear. The interwar Lithuanian public controversy over the (un)necessity of the Civil Marriage Law primarily shows the different sentiments of ideological camps and reflects the (in)ability of the state to legally formally guarantee its citizens the right to free marriage. In this debate, the issue of marriage in general often overlapped with the question of civil registration, indicating that this actualization of the problem only partially reflected other realities concerning the institution of marriage. Therefore, the civil registration debate showed only one of the most pressing issues, but not the most important one. The Marriage Law drafts and projects provided for a rather gentle law that affirms (emphasizes) former traditions and experiences that had to find a compromise corresponding the controversy not only between the traditional (Christian) and the modern (secular) society, but also reflecting the changes of the majority of the Catholic society itself, and the relations with an authoritarian regime.

The marriage institute of the 1st half of the 20th century, which encompasses broad historical-legal aspects as well as cultural-social sections of society, is perhaps the most striking dimension by which it is possible to reconstruct the principles of family formation in the interwar Lithuania. It is also possible to grasp the concept of romantic love (passion) emerging in society or the change of male-female relationships (including sexual ones). As far as marital, pre-marital, or non-marital relationships between men and women are concerned, it is clear that marriage and family are key elements through which acceleration of the changing society can be felt and political and social mechanisms that are relevant to gender collaboration can be described. Therefore, the subject of this study includes marriage as a legal event, a demographic section, and a striking case of the manwoman relationship behavior of 1918–1940. Analysis of statistical data in the study showed that marital behavior change in the general public during the period of 1918–1940 took place, but they were not radical: the changes were not a sudden cultural or social revolution in society. The causes of marriage continued to be dominated by the economic and confessional motives, and behavior was influenced by romantic love (passion), thus, differences in rural and urban environments began to appear. The interwar Lithuanian public controversy over the (un)necessity of the Civil Marriage Law primarily shows the different sentiments of ideological camps and reflects the (in)ability of the state to legally formally guarantee its citizens the right to free marriage. In this debate, the issue of marriage in general often overlapped with the question of civil registration, indicating that this actualization of the problem only partially reflected other realities concerning the institution of marriage. Therefore, the civil registration debate showed only one of the most pressing issues, but not the most important one. The Marriage Law drafts and projects provided for a rather gentle law that affirms (emphasizes) former traditions and experiences that had to find a compromise corresponding the controversy not only between the traditional (Christian) and the modern (secular) society, but also reflecting the changes of the majority of the Catholic society itself, and the relations with an authoritarian regime.

The marriage institute of the 1st half of the 20th century, which encompasses broad historical-legal aspects as well as cultural-social sections of society, is perhaps the most striking dimension by which it is possible to reconstruct the principles of family formation in the interwar Lithuania. It is also possible to grasp the concept of romantic love (passion) emerging in society or the change of male-female relationships (including sexual ones). As far as marital, pre-marital, or non-marital relationships between men and women are concerned, it is clear that marriage and family are key elements through which acceleration of the changing society can be felt and political and social mechanisms that are relevant to gender collaboration can be described. Therefore, the subject of this study includes marriage as a legal event, a demographic section, and a striking case of the manwoman relationship behavior of 1918–1940. Analysis of statistical data in the study showed that marital behavior change in the general public during the period of 1918–1940 took place, but they were not radical: the changes were not a sudden cultural or social revolution in society. The causes of marriage continued to be dominated by the economic and confessional motives, and behavior was influenced by romantic love (passion), thus, differences in rural and urban environments began to appear. The interwar Lithuanian public controversy over the (un)necessity of the Civil Marriage Law primarily shows the different sentiments of ideological camps and reflects the (in)ability of the state to legally formally guarantee its citizens the right to free marriage. In this debate, the issue of marriage in general often overlapped with the question of civil registration, indicating that this actualization of the problem only partially reflected other realities concerning the institution of marriage. Therefore, the civil registration debate showed only one of the most pressing issues, but not the most important one. The Marriage Law drafts and projects provided for a rather gentle law that affirms (emphasizes) former traditions and experiences that had to find a compromise corresponding the controversy not only between the traditional (Christian) and the modern (secular) society, but also reflecting the changes of the majority of the Catholic society itself, and the relations with an authoritarian regime.

The marriage institute of the 1st half of the 20th century, which encompasses broad historical-legal aspects as well as cultural-social sections of society, is perhaps the most striking dimension by which it is possible to reconstruct the principles of family formation in the interwar Lithuania. It is also possible to grasp the concept of romantic love (passion) emerging in society or the change of male-female relationships (including sexual ones). As far as marital, pre-marital, or non-marital relationships between men and women are concerned, it is clear that marriage and family are key elements through which acceleration of the changing society can be felt and political and social mechanisms that are relevant to gender collaboration can be described. Therefore, the subject of this study includes marriage as a legal event, a demographic section, and a striking case of the manwoman relationship behavior of 1918–1940. Analysis of statistical data in the study showed that marital behavior change in the general public during the period of 1918–1940 took place, but they were not radical: the changes were not a sudden cultural or social revolution in society. The causes of marriage continued to be dominated by the economic and confessional motives, and behavior was influenced by romantic love (passion), thus, differences in rural and urban environments began to appear. The interwar Lithuanian public controversy over the (un)necessity of the Civil Marriage Law primarily shows the different sentiments of ideological camps and reflects the (in)ability of the state to legally formally guarantee its citizens the right to free marriage. In this debate, the issue of marriage in general often overlapped with the question of civil registration, indicating that this actualization of the problem only partially reflected other realities concerning the institution of marriage. Therefore, the civil registration debate showed only one of the most pressing issues, but not the most important one. The Marriage Law drafts and projects provided for a rather gentle law that affirms (emphasizes) former traditions and experiences that had to find a compromise corresponding the controversy not only between the traditional (Christian) and the modern (secular) society, but also reflecting the changes of the majority of the Catholic society itself, and the relations with an authoritarian regime.

The purpose of the article is to disclose the problems arising from two types of marriage. After the adoption of Christianity, church marriage became obligatory and remained such in Lithuania until the middle of the 20th century. After the re-establishment of the independence, Constitution of Lithuania legally recognized church marriage. But the civil law narrowed the conception of church marriage. The Law on Religious Communities and Associations divides religious communities into traditional and other (non-traditional) ones. Only confessions considered by the state as "traditional" and "recognized" can contract valid marriages. The Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE ODIHR) does not recognize tradition as a basis for distinguishing between religions and religious movements, but the Constitutional Court of Lithuania states that conventionalism is a constitutional framework for discriminating religions. In order to be valid and have legal consequences, church marriage must be included into the official state register. In 2010, 2/3 of church marriages were not included into the state register, so questions can arise: Where do the church marriages get lost? Why don't couples care about their church marriage and its legal consequences? Is the tradition to contract the same marriage twice – in the church and the civil registration office – still alive? It would be safe to say that people marry twice without making the difference between the church and civil marriage. It can be argued they do not trust their church marriage to be subsequently included into the state register.

The purpose of the article is to disclose the problems arising from two types of marriage. After the adoption of Christianity, church marriage became obligatory and remained such in Lithuania until the middle of the 20th century. After the re-establishment of the independence, Constitution of Lithuania legally recognized church marriage. But the civil law narrowed the conception of church marriage. The Law on Religious Communities and Associations divides religious communities into traditional and other (non-traditional) ones. Only confessions considered by the state as "traditional" and "recognized" can contract valid marriages. The Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE ODIHR) does not recognize tradition as a basis for distinguishing between religions and religious movements, but the Constitutional Court of Lithuania states that conventionalism is a constitutional framework for discriminating religions. In order to be valid and have legal consequences, church marriage must be included into the official state register. In 2010, 2/3 of church marriages were not included into the state register, so questions can arise: Where do the church marriages get lost? Why don't couples care about their church marriage and its legal consequences? Is the tradition to contract the same marriage twice – in the church and the civil registration office – still alive? It would be safe to say that people marry twice without making the difference between the church and civil marriage. It can be argued they do not trust their church marriage to be subsequently included into the state register.

The purpose of the article is to disclose the problems arising from two types of marriage. After the adoption of Christianity, church marriage became obligatory and remained such in Lithuania until the middle of the 20th century. After the re-establishment of the independence, Constitution of Lithuania legally recognized church marriage. But the civil law narrowed the conception of church marriage. The Law on Religious Communities and Associations divides religious communities into traditional and other (non-traditional) ones. Only confessions considered by the state as "traditional" and "recognized" can contract valid marriages. The Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE ODIHR) does not recognize tradition as a basis for distinguishing between religions and religious movements, but the Constitutional Court of Lithuania states that conventionalism is a constitutional framework for discriminating religions. In order to be valid and have legal consequences, church marriage must be included into the official state register. In 2010, 2/3 of church marriages were not included into the state register, so questions can arise: Where do the church marriages get lost? Why don't couples care about their church marriage and its legal consequences? Is the tradition to contract the same marriage twice – in the church and the civil registration office – still alive? It would be safe to say that people marry twice without making the difference between the church and civil marriage. It can be argued they do not trust their church marriage to be subsequently included into the state register.

The purpose of the article is to disclose the problems arising from two types of marriage. After the adoption of Christianity, church marriage became obligatory and remained such in Lithuania until the middle of the 20th century. After the re-establishment of the independence, Constitution of Lithuania legally recognized church marriage. But the civil law narrowed the conception of church marriage. The Law on Religious Communities and Associations divides religious communities into traditional and other (non-traditional) ones. Only confessions considered by the state as "traditional" and "recognized" can contract valid marriages. The Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE ODIHR) does not recognize tradition as a basis for distinguishing between religions and religious movements, but the Constitutional Court of Lithuania states that conventionalism is a constitutional framework for discriminating religions. In order to be valid and have legal consequences, church marriage must be included into the official state register. In 2010, 2/3 of church marriages were not included into the state register, so questions can arise: Where do the church marriages get lost? Why don't couples care about their church marriage and its legal consequences? Is the tradition to contract the same marriage twice – in the church and the civil registration office – still alive? It would be safe to say that people marry twice without making the difference between the church and civil marriage. It can be argued they do not trust their church marriage to be subsequently included into the state register.

Secret marriages and cases that reached the Church courts show that there was a social tension in the society, as marriage was also a social fact affected by family, financial and feudal aspects. Therefore, in reality, the choice by people, especially by women, was not free. In real life, marriages were still formed for economic, social, even military reasons. Marriage consent rules developed into an entire section of the contract law, they were not only the foundation of the contemporary matrimonial law, but also produced certain fundamental elements of the contract law, namely the notion of free will and related notions of an error, coercion and deceit. The Christian matrimonial law that was formed in the Middle Ages existed in the Western Europe until the Reformation in the 16th century, in England even longer.

Secret marriages and cases that reached the Church courts show that there was a social tension in the society, as marriage was also a social fact affected by family, financial and feudal aspects. Therefore, in reality, the choice by people, especially by women, was not free. In real life, marriages were still formed for economic, social, even military reasons. Marriage consent rules developed into an entire section of the contract law, they were not only the foundation of the contemporary matrimonial law, but also produced certain fundamental elements of the contract law, namely the notion of free will and related notions of an error, coercion and deceit. The Christian matrimonial law that was formed in the Middle Ages existed in the Western Europe until the Reformation in the 16th century, in England even longer.