Marriage Capacity, Social Values and Law-Making Process
Marriage Capacity, Social Values and Law-Making Process

Summary/Abstract: Disharmony in the field of family laws within the European Union (EU) is explicable, taking into account the cultural and historical factors that characterize this branch of laws. However, the European Union policy and the practice of private international law explains a certain degree of flexibility in the application of rules when cases involve citizens from different states. One important area that requires legislative development or doctrinal clarification is marriage capacity, considering that this is a region where freedom of movement is protected, encouraged and facilitated. Especially concerning are changes in domestic legislation affecting the very nature of this traditional institution namely, laws on cohabitation, ostensible marriages, and same sex marital contracts.

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