O.E. Savenko

Some Aspects of Legal Regulating Cross-Border Marriages

2017. No. 3. P. 199–209 [issue contents]
One of the pressing problems of the modern society is the question of recognizing the legalconsequences of cross-border marriages. Legal regulation of family relations with a foreignelement has a complex, multilevel nature that includes material and conflict norms contained inmultilateral and bilateral international treaties and in domestic law. One of the problems associatedwith the unification of the law in the area of marriage and family relations is the legalization of theconsequences of prisoners of same-sex marriage. Now, same-sex unions are official in somecountries in Europe and in many US states. The list of countries that have legalized same-sexmarriages is constantly expanding. In some countries where same-sex unions are prohibited, aninstitution of civil partnership or civil union has been introduced. In many countries that legalizedsame-sex marriages, civil partnerships for same-sex couples were an intermediate step towardsmarital equality. The current Russian legislation does not contain special norms aimed at regulatingrelations in same-sex family unions. In particular, the property relations of persons who are membersof such relations are regulated by the norms of Russian civil law. As a consequence, the propertyrights and obligations of the partners of a same-sex union are significantly different from theproperty rights of spouses who are in a legal, registered marriage. Thus, for example, to acquire theproperty of a person consisting in the specified relations, can only in the common share property. Theright of common shared property between partners in same-sex unions can arise if there is a writtenagreement of these persons establishing common property acquired in actual relations. Findingpartners in same-sex factual relationships does not create any legal obligations to keep each other’spartners either during or after the relationship. The legal regulation of hereditary legal relations in same-sex unions also has its own characteristics. Thus, the prevailing situation of insufficient legalregulation of the legal consequences, of the same-sex unions concluded requires an early legislativedecision. Author believes that such a decision is possible in the form of civil partnership.
Citation: Savenko O. (2017) Nekotorye aspekty pravovogo regulirovaniya posledstviy zaklyucheniya transgranichnykh brakov [Some Aspects of Legal Regulating Cross-Border Marriages]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 199-209 (in Russian)
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