Šeimos teisės normų, nustatančių monogamiją, interpretavimo ypatumai ir jų pažeidimo pasekmės

Abstract

In society development marriage relations did not restrain to one man and woman couple: there also existed families of one man with a few women (polygyny) and one woman with a few men (polyandrous). In other words, there are still very few societies where a man can have a number of wives or vice versa. With the intensity of society civilization processes, involving more spheres of society movement, marriage relations and fundamentals of family creation have changed immensely. Monogamy has become dominant as marriage and family form, the only possible and obligatory condition of progressive society, ensuring family stability and its effective functioning.
This article analyzes Civil Code norms determining monogamy as a material condition for marriage contraction and the main principle of the legal regulation of family relationships. The analysis of Civil Code norms and court practice allows to draw several conclusions and introduce suggestions how to solve and eliminate gaps in the law system as they interfere with the effective realization of legal norms.
In generalization, the fundamental provisions of legal norms regulating monogamy and responsibility of its violation valid until the establishment of Civil Code are presented.
Moreover, the article discloses the content of legal norms forwardly regulating monogamy in foreign countries and formulates their evaluation.
Accomplishing the above – mentioned researches it could be made a conclusion that although Civil Code determines monogamy as one of the basic conditions in marriage contraction, legislators, court and expositors interpret it differently, irrespective of its absoluteness neither while applying legal norms, neither while striving to reestablish its violations. Yet there is no defined responsibility for monogamy violation, cohabitant institution is declared, and there still exists indifference to monogamy violation negative influence to human rights.