Élettársi kapcsolat kontra házasság hasonlóságok és különbözőségek a hatályos magánjogban /
In this essay the author looks for the answer which basic discrepancies there are in the operative Hungarian private law between the two elementary forms of living together: marriage and common-law marriage. In terms of the position booked up in the society we still take marriage as the primary form...
Elmentve itt :
| Szerző: | |
|---|---|
| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága
Szeged
2006
|
| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica
68 No. 9 |
| Kulcsszavak: | Magánjog, Házasság, Élettársi kapcsolat |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7295 |
| Tartalmi kivonat: | In this essay the author looks for the answer which basic discrepancies there are in the operative Hungarian private law between the two elementary forms of living together: marriage and common-law marriage. In terms of the position booked up in the society we still take marriage as the primary form of living together. Nevertheless, it is also obvious that elder people as well as younger — as it were an alternative of matrimony — choose even more often the common-law marriage. In my opinion, people not choosing matrimony cannot often see clearly the differences between these two relationships and the incidental legal disadvantages of common-law marriage. This essay tries to discover these elements roundly. The Family Act contains the rules on marriage, but the norms of common-law marriage — as a matter of fact a little bit derogatory — can be found in the Civil Code. However, the significant social changes during the last decades— that can be seen in the extraordinary increase of common-law marriages — may not be left out of consideration by the legislator. In the end of her research, the author believes that the norms of marriage are more developed and detailed than the rules on common-law marriage. However, one can already see the forceful intention of the legislator to eliminate the derogatory situation driving from the place in the legal system and the laconic regulation of the common-law marriage, as well as concerning the obsolete rules of the institution of marriage. Waiting for the final and optimal solution, it can be formulated in the Book of Family Law of the new Civil Code to be born. |
|---|---|
| Terjedelem/Fizikai jellemzők: | 1-24 |
| ISSN: | 0324-6523 |