About Some Issues Related to Contract of Marriage (International Aspect and Domestic Law of Several Foreign Countries საქორწინო კონტრაქტის ზოგიერთ საკითხთან დაკავშირებით საეთაშორისო და რამდენიმე უცხო ქვეყნის შიდასახელმწიფოებრივ სივრცეში

თუმანიშვილი, გიორგი გ. and Tumanishvili, George G. (2003) About Some Issues Related to Contract of Marriage (International Aspect and Domestic Law of Several Foreign Countries საქორწინო კონტრაქტის ზოგიერთ საკითხთან დაკავშირებით საეთაშორისო და რამდენიმე უცხო ქვეყნის შიდასახელმწიფოებრივ სივრცეში. სამართალი (8). pp. 35-41. ISSN 0868-4537

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Abstract

The article deals with some situations of Hague Conventions of 1905 and 1978, which directly concern the issue of applicable law to the conjugal property relations, including the aspect on matrimonial contractual relations (Part I). Part II of the article refers to some articles of civil codes of France and Germany regulating matrimonial property relations prescribed by law or/and previewed in the contract of marriage. As a result of research carries out in the article, following conclusions can be made: 1. Since 1905 to 1978 situation has essentially changed in International private Law in the aspect of law applicable to matrimonial property relations. 1978 Hague Convention #25 “Convention on the Law Applicable to Matrimonial Property Regimes” offers us new approach to the law applicable to legal regimes of matrimonial property, which is reflected in the domestic collusive legislations of different countries. 2. German legislation has shared position of civil code of France in the aspect of matrimonial contract relations and paid proper attention to their legal regulation in its civil law. This made a positive influence on civil codes of Continental Europe. 3. As a result of study of norms of French and German civil law, it is possible to discuss the reasonability of translation of some regulations. Proper adaptation of legal norms of some countries can encourage creation of more flexible environment in the aspect of matrimonial property relations. In author’s opinion, it would be reasonable to continue relevant researches, which will certainly be useful for Georgian legal system.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculties/Schools > School of Law
Depositing User: პროფესორი გიორგი გ. თუმანიშვილი
Date Deposited: 30 Jan 2014 13:13
Last Modified: 20 Apr 2015 06:41
URI: http://eprints.iliauni.edu.ge/id/eprint/823

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