REGARDING RECOGNITION OF DIVORCE BY REPUDIATION IN SWISS LAW Cover Image

ПРИЗНАВАНЕТО НА РАЗВОД ЧРЕЗ ЕДНОСТРАННО ПРЕКРАТЯВАНЕ НА БРАКА?
REGARDING RECOGNITION OF DIVORCE BY REPUDIATION IN SWISS LAW

Author(s): Jean-Philippe Dunand
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Roman law; Swiss family law; marriage; divorce; divortium; repudium;

Summary/Abstract: In the article is considered the termination of the marriage with unilateral will statement as it is regulated in the Classical Roman law. As a result of the recent modifications of the field of the divorce according to the Swiss civil law, the author confirms that it is approaching too much the Roman law. In the paper it is made a comparison between the divorce, based on the mutual will of the spouses (divorce strictu sensu) and the divorce by the unilateral will of some of them thus along the Roman law regulation is presented and a view of the development of the divorce in the Swiss law. With this comparative analysis the author reasonably poses the question whether the Swiss law will not admit soon a possibility for unilateral termination of the marriage amongst the conditions for the divorce.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 225-244
  • Page Count: 20
  • Language: Bulgarian