LEGAL REGULATION OF DIVORCE: HISTORICAL DEVELOPMENT AND MODERN PRINCIPLES

نویسندگان

چکیده

The article is devoted to the study of genesis legal regulation order, conditions and consequences divorce in its historical aspect, as well given current principles family relations EU law foreign law, highlighting latest trends outlining laws their further consolidation Ukraine, formulation conclusions proposals aimed at harmonization national legislation with law. procedure, are regulated by different states ways. also significantly influenced characteristics, traditions, religion culture. spread outside one state necessitates application regulate such relations. Appropriate conflicts may result from regarding grounds for divorce, procedure unequal determination moment dissolution. argues that basic Roman private was observance absolute freedom divorce. However, during imperial period, especially establishment Christianity, restrictions were imposed on approach significant even prohibitions has long been observed European states. Under influence Catholic Church Christian morality, recipient did not allow all or established valid Divorce allowed only an exception, presence circumstances, subject complicated procedures. Since second half twentieth century, have reformed many countries, tending abandon idea a sanction marital misconduct moving concept statement failed marriage. As reforms, divorces become more liberalized. concludes general conflict principle citizenship spouse husband (most countries continental Europe) place residence spouses (England, USA number other countries). Regulation 1259/2010 provides, essence, innovative provisions choice competent order event which enshrines possibility independently choose applicable Keywords: marriage, relations, termination

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ژورنال

عنوان ژورنال: Vìsnik

سال: 2021

ISSN: ['2521-1935', '1728-2721']

DOI: https://doi.org/10.17721/1728-2195/2021/3.118-21