Revista Jurídica Portucalense (Jun 2023)

The concept of marriage under the laws of Ukraine and EU member states (Croatia, Germany, Poland)

  • Anatoliy KOSTRUBA,
  • Alla V. ZELISKO

Abstract

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Marriage is an extremely important asset for humanity. It is a historical, legal, cultural, moral, ethical, and social phenomenon and is a complex category for research by scholars. Its research and legal analysis are particularly complicated by the multifaceted nature of the concept of marriage and the permanent impact on it of moral, ethical, and social norms. Since the lack of a clear interpretation of a concept creates obstacles to its application in the regulation of relations, the study of the concept of marriage is a topic that does not lose its relevance. In addition, Ukraine's legislation is currently being brought closer to EU standards and international law. Therefore, the purpose of this article is a comprehensive theoretical and practical analysis of the legislation of Ukraine and selected EU member states in terms of regulating the concept of marriage, as well as features of legal regulation of the phenomenon by law and studying and analyzing existing concepts of marriage. The leading method, the use of which determines the reliability of the results obtained, is the comparative method. The usage of this method has led to the possibility of obtaining results on the analysis of the concept of marriage in the legislation of different countries. In addition, the application of the comparative method provided an opportunity to identify commonalities and differences between these concepts in different legal acts. The comparative method also provided an opportunity to analyze different legal acts in different states in order to formulate the best definition of marriage.

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