Suchergebnisse

In the Canon law, dissolution of marriage is not allowed since it was considered sacred and as such cannot break until the two spouses are alive, except only if one of the spouses passes away. But throughout history we find cases when allowed dissolution of the marriage and causes specific conditions set by the church. Thus, according to the Old Testament, if, a man married to a woman, didn't like something about his wife, should write a request for divorce and allow her to leave his home. Meanwhile according to the New Testament records, divorce is prohibited. Although most Protestants continue to espouse the view that marriage was sacred and as such should not be divorced, from those who had supported the idea of granting the divorce. One of them was Luther, who in his remarks before his preachers said: "In my opinion, the issue of divorce belongs to the law, are not they to whom called for regulation of parental relationships, why not have they the authority to regulate the relations between spouses". Protestant churches allow the dissolution of marriage:a) Because of adultery by the wife; allowed by Jesus,b) Unjustified abandonment of the marital community;c) If there were other reasons: if one spouse refuses to have sexual marriage, if the husband abuses his wife repeatedly and without cause, severe illness of one spouse.

The article deals with issues affecting the resolution of disputes in the field of marriage and family relations, which are complicated by a foreign element: the right to be applied to the conclusion, as well as the dissolution of the marriage. The analysis of fundamental acts that regulate marital relations at the international level, as well as national legislation. There are indicated collision bindings at marriage, as well as examples of the rule of law in practice when a marriage is dissolved between Russian and foreign citizens.

The article investigates the procedure for dissolution of marriage under action proceeding. Temporary obstacles to submit a divorce suit have been established. Declarative nature of p.4 of Art. 185 of the Civil Procedure Code of Ukraine regarding returning a divorce suit during the pregnancy of a spouse has been proved. In practice it is unclear how the judge can establish the fact of pregnancy at the stage of initiation of the case because neither family nor civil procedural legislation stipulates the necessity to submit a certificate of pregnancy along with the suit. Judicial procedural mistakes during consideration of divorce cases under action proceeding have been established. It has been identified that divorce suits are submitted to the court under the rules of alternative jurisdiction. When the court tries cases on dissolution of marriage it assumes that the marriage is based on a free will of a woman and a man. It is inadmissible to force a man and woman to get married. When the spouses are forced to terminate marriage, keep it, enter into intimate relations using physical or psychological violence it violates their right to freedom and privacy and can have consequences provided for by law. Every spouse has the right to terminate marriage relationship. The law does not identify which measures can be applied by the court to bring the spouses together. The court is entitled but not obliged to give additional time for reconciliation. Following the analysis of case law regarding decision on additional time for reconciliation it has been proposed to expel Art. 111 of the Family Code of Ukraine and p. 7 of Art. 240 of the Civil Procedure Code of Ukraine because, unfortunately, the institute of reconciliation does not result in keeping the marriage, but it drags such important cases as dissolution of marriage. Conflicts, contradictory and unsolved issues of legal regulation of this procedure which were found during analysis of case law have been defined.

The dissolution of the marriage contract is either intentional or compulsory. The intentional dissolution basically takes place with divorce or termination application. But, the unintentional or compulsory dissolution means a marriage contract is dissolved automatically and without the will of the parties. The most important causes of unintentional dissolution include termination, death, expiration (in temporary marriages) and… which marriage contract can be dissolved by the occurrence of these and some other special causes. One of unintentional marriage dissolution causes is death. Death is divided into three groups of natural death, presumed death and constructive death. Iran's civil law has not pointed directly to constructive death, but beside other categories states its conditions and ordinance. There is no doubt that natural death triggers a marriage contract to be dissolved. There is disagreement among experts of Islamic rules and jurists on this matter if presumed death can dissolve a marriage or not. But, with study of legal rules related to missing person and the effects of the judgment rendered for presumed death, it seems that presumed death can dissolve the marriage contract too. And, the divorce application sets out at article 1029 of Iran's Civil Law relates to an occasion which inheritors have not applied from the court to issue a presumed death judgment.

It is not only a husband who has been given a right to divorce his wife in case of any discord but the wife has also been given a right to ask for separation in Islam. Islam commands the husband to retain the wife in kindness and to take every possible measure for maximization of marital success. This paper provides an analytical study of the right of women in Islamic and Pakistani laws to get separation when her husband remains missing. It also analyzes the status of the missing of the husband and the problems faced by the wife while getting separation through court in case of a missing husband. A survey in the form of interviews was conducted to highlight the reasons of not filing the missing husband cases in the courts.

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation).

Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely:

the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation;

a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other;

the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses;

the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis;

separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption.

Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.

The article aims to demonstrate the role of the public policy clause in the Polish legal system in the context of matrimonial relations, with a particular emphasis on the institution of the conclusion and dissolution of marriage. As a part of the discussion, the analysis reconstructs the essence of the public policy clause, while demonstrating the most important principles of family law and conflict-of-law rules concerning matrimonial matters. The author examines the relationship between the public policy clause and family law by emphasising differences in legal systems amongst different nations and specifying the authorised and prohibited implementation of the public policy clause regarding marriage conclusion and dissolution. It is also pointed out that child marriage, polygamy, and divorce through unilateral declaration of will, cannot be reconciled with Polish public order; and attention is drawn to the inadmissibility of establishing restrictions on the freedom to marry on the basis of racial, religious and social criteria. The author's evaluation utilises case law, academic literature, and opinions from doctrinal representatives on this issue. The conclusion emphasises the significance of the public policy clause in preserving the consistency and uniformity of the Polish legal system as a tool to fight discrimination and gender inequality.

Petitioner-wife and respondent-husband were married a year after he entered the military service, and divorced in Washington a year before he became eligible to retire. In a property distribution provision of its divorce decree, the trial court awarded the wife $65 per month of the $360 per month military retired pay which the husband expected to receive incident to his prospective retirement from the United States Air Force. The court of appeals, reversing, held that such an interest could not be distributed as property under a divorce decree. The Washington Supreme Court, however, reinstated the decree of the trial court, holding that an interest in military retired pay and the anticipated future benefits therefrom are distributable as property in a divorce proceeding. Payne v. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973).