MARRIAGE AS A BASIS FOR THE EMERGENCE OF FAMILY RELATIONS

Abstract

The article examines the legal nature of marriage as the basis for the emergence of family legal relations. The main concepts of the marriage legal relationship and its characteristics are revealed, in particular, voluntariness, equality of the parties, publicity, focus on creating a family, as well as legal consequences for spouses. The current problems of legal regulation of marriage in Ukraine are analyzed, including the spread of civil (unregistered) marriages, the growth of the number of international marriages, as well as gaps in the legislation that create legal conflicts regarding the division of property, the status of children and jurisdiction. Marriage is defined as a legal fact that gives rise to family legal relations, ensures the legal status of spouses and regulates property and personal rights and obligations. The need to improve Ukrainian legislation to more clearly consolidate the concepts and consequences of marriage is discussed. Special attention is paid to the analysis of the marital union as a special legal status that is not limited to contractual obligations, but includes a complex set of mutual rights and obligations. The author points out the challenges that modern society poses to family law, in particular the need to revise the traditional understanding of marriage in the light of socio-cultural changes, such as the spread of same-sex marriages in some countries. The conclusions of the article are aimed at improving the legislative framework of family law to ensure the stability of family relations and legal certainty in marriage.