婚姻关系作为家庭法的主要法律范畴:乌克兰和阿联酋的情况分析

R. Karpenko, S. H. Tarasenko
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引用次数: 1

摘要

本文致力于解决婚姻制度的问题,以及乌克兰和阿联酋婚姻条件的比较特点。家庭是由于婚姻关系的缔结和登记而在个人之间产生的一个特殊的法律范畴,因此,在这方面研究婚姻关系仍然十分重要。在进行一项全面研究时,考虑到这种法律关系中有问题的方面,强调了解决婚姻关系的特点。对阿联酋和乌克兰的婚姻关系在终止方面的特点进行了比较分析,分配出相似和不同的特点。在本文的框架内,对有关结婚时刻及其进一步解决的一些问题进行了调查。对乌克兰婚姻关系的法律性质和婚姻关系特征的研究,从早期到现在都得到了相当的重视。在上述背景下,详细研究了婚姻的历史阶段,提供了它们的全部特点,对比分析了当时和今天的婚姻关系。对婚姻定义的解释、婚姻关系的重点特点及其立法规制等问题进行了详细的研究和了解。对构成以立法巩固婚姻和家庭关系的基础的规范性法律行为的分析给予了相当的注意;建议增订《乌克兰家庭法》,并在立法一级更详细地规定婚姻条件。“婚姻家庭关系”和“婚姻关系”的法律范畴被区分开来,两者之间有着明显的区别,因为家庭法把婚姻关系与家庭关系分开来考虑,这就导致了实践中的法律冲突。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
MARRIAGE RELATIONS AS THE MAIN LEGAL CATEGORY OF FAMILY LAW: ANALYSIS OF THE SITUATION IN UKRAINE AND THE UAE
The article is devoted to the problematic aspects of the settlement of the institution of marriage, as well as the comparative characteristics of the conditions of marriage in Ukraine and the UAE. The family is a special legal category that arises between individuals as a result of the conclusion and registration of marital relations, therefore, the study of marital relations in this context remains quite relevant. In the context of conducting a comprehensive study, the peculiarities of the settlement of marital relations were highlighted, taking into account the problematic aspects of this legal relationship. The comparative analysis of features of marital relations in the UAE and in Ukraine in the aspect of their termination is carried out, similar and distinctive features are allocated. Within the framework of the article, a number of problematic issues concerning the moment of marriage and their further settlement are investigated. Considerable attention is paid to the study of the legal nature of marital relations and the characteristics of marital relations in Ukraine from the early stages to the present. In the context of the above, a detailed study of the historical stages of marriage, provided their full characteristics, a comparative analysis of marital relations of those times and today. The question of interpretation of the definition of marriage, marital relations and highlighting the key features of their legislative regulation received a detailed study and understanding. Considerable attention was paid to the analysis of normative legal acts that formed the basis of legislative consolidation of marital and family relations; it is proposed to update the Family Code of Ukraine and regulate in more detail the conditions of marriage at the legislative level. The legal categories of "marital and family relations" and "marital relations" were distinguished, which are clearly distinguished from each other, because family law considers marital relations by separating them from family ones, which leads to legal conflicts in practice.
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