Year: 2025
Type: article
Abstract: A family law act is considered as a key element for the emergence of marital legal relations. It is argued that the invalidity of marriage is predetermined by the presence of a defect in the family law act. Based on the criteria determining the defectiveness of a legal fact, it is substantiated that it is the social criterion of the defectiveness of a family legal act that determines the possibility of recognizing a marriage as invalid. In some cases, the defect of a family legal act is a consequence of a defect of will, in others, the defect is due to a fact that a marriage contradicts ideas about marriage and family generally accepted by society.A failed family law act is proposed to be understood as an action committed in violation of the legally prescribed requirements for the procedure and the form of its expression, including when the advising family law act was not actually performed.The actual absence of a family law act is considered as a separate type of defects in legal facts, depending on their legal significance. As a result, an invalid marriage should be distinguished from a marriage that has not actually been concluded. A marriage concluded in violation of the rules (procedures) should be considered as a failed one.
Author: A. N. Tikhonov
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4412175202