Suchergebnisse

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.

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.