Pravo (Oct 2010)
MARRIAGE WITH A FOREIGN ELEMENT INVOLVED
Abstract
Family law relationships with a foreign element being involved represent one of the commonest and most important areas of the international private law. The development of the international transport, the usage of the Internet and English as the world language, the equalization of foreign and local citizens in gaining most rights are only some factors influencing the intensity of people`s movements across the border not only to neighbouring countries but also to geographically further regions with different rules and attitudes. In certain countries cultural inheritance and religious comprehensions have a strong influence on regulating the family law relationships, so we have considerable differences in the matter of family law rules. However, in spite of the fact there is no strong interest in the unification of the rules of behaviour in the field of family relations with a foreign element being involved, like it is the case with sale and other kinds of contract on which the international turnover of goods is relied, there are some attempts of equalizing of family law rules at least in a particular region. We can talk about certain advances of rules in the UN Charter, the Universal declaration of human rights, the European convention for protection of human rights and basic freedom, with a tendency of decreasing of sex unequalness, the discrimination of the children born out of marriage, enabling and releasing of the divorcing process and other similar processes. Human development is followed by decreasing of cultural and psychological inhibitions to enter into marriage with a person of different nationality, religion or race. All these things contribute to frequent creating of family law relationships being bound with many countries and legal issues arising from such relations. For, besides certain advances, we can conclude that there are considerable differences among family law regulations of certain countries and that they will not disappear so quickly.
