Principle autonomy in marriage contract
Principle autonomy in marriage contract
Author(s): Olga RozghonSubject(s): Civil Law
Published by: Lukas Varhol
Keywords: autonomy of the will of the parties (lex voluntatis); the principle of private international law; a conflict of laws, a foreign element; marriage; international family relationships; marriage contract
Summary/Abstract: Different legal qualifications and unequal standards of family law in some states are due to the peculiarities that influence the formation of acts of family law. In view of this, the choice of the right of one of the proposed legal systems and the creation of an entire set of conflict rules containing «selection rules» in specific practical situations is becoming necessary. The author examined various points of view of the scholars regarding the legal nature of the autonomy of the will of the parties. This article is devoted to the clarification of the concept and legal nature of the autonomy of the will of the parties as the fundamental principle of the collision regulation of property family relationships, which applies in a marriage contract with a foreign element. The article analyzes the key problems of a marriage contract with a foreign element and the application of autonomy in the will of the parties in it
Journal: Social and Legal Sciences
- Issue Year: 1/2018
- Issue No: 2
- Page Range: 12-21
- Page Count: 10
- Language: English