THE INTERNATIONAL STANDARDS IN THE MARRIAGE'S RIGHTS SPHERE OF THE PERSON

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Issue: №2 (58) 2019

Heading: Topical issues of private law


Tags

Keywords: international law, internal law, globalization, identity of law, institute of marriage.

Annotation

Throughout the millennia the mankind formed a social core of society (marriage), providing it with standards, requirements and conditions. Legal regulation of the marriage relations at the state level was carried out and is carried out taking into account national and cultural peculiarities. The globalization processes happening in all spheres of public life didn’t bypass institute of marriage. The international community tries to reach the ideals of legal regulation based on the principles of the higher justice, to harmonize and unify rules of law. One of possible solutions of this task is adoption of the international treaties establishing the general rules for all states. At the same time relevant is a question of maintaining national identity of the law, in particular the marriage law. However reality such is that dynamics of the public relations demands reaction of the law. The actual modernization of marriage which is shown in emergence of alternative models of matrimonies finds reflection in international law and in the law of the certain foreign states. At the same time, many states, including Russia, refuse participation in these processes, adhering to traditionalist views.