FREE CONSENT AS A DEFINING CONDITION FOR THE VALIDITY OF MARRIAGE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article explores voluntariness as a defining condition for the validity of marriage. It was found that both in Ukraine and in Europe there is a widespread violence in the family, and there are cases of forced entry into marriage. The norms of international acts establishing the principle of voluntary marriage are investigated. It was established that the norms of the Family Code and the recent changes to the Criminal and Criminal Procedural Codes of Ukraine are aimed at guaranteeing voluntary marriage. The measures taken in foreign countries to guarantee the prevention of forced marriages are investigated. Signs of compulsory marriage are analyzed. It is substantiated that voluntary marriage advances free, complete, informed and informed consent to marry both women and men. The legal consequences of the absence of free consent at the conclusion of marriage are investigated. The court practice of Ukraine on cases of marriage is invalidated on the grounds of the lack of free and informed consent. It has been found that in English legal practice, when deciding whether a forced marriage is taken into account, that: a person must be sufficiently afraid to eliminate the source of fear; fear must be reasonable in light of circumstances; fear arises owing to external circumstances, for which the party does not answer itself. It has been established that children’s marriages are considered to be compulsory, since the child’s consent is not well-informed. The jurisprudence of foreign states regarding the recognition of organized forced marriages has been analyzed. It is substantiated that voluntary marriage is a continuing condition, that is, it has a decisive significance not only when marriage is entered, but also during the entire period of its action. The expediency of the ratification by Ukraine of the Convention on consent to marry, marriage age and marriage registration and the Council of Europe Convention on the Prevention of Violence against Women and Domestic Violence and the fight against these phenomen a have been substantiated.
Authors and Affiliations
Марія Василівна Менджул
Keywords
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