Bažnyčios (konfesijų) nustatyta tvarka sudarytų santuokų kelias į pripažinimą

Abstract

The church marriage in Lithuania has deep historical traditions. After re-establishment of independence it was legally recognized by the Lithuanian Constitution, which indicates, that the state recognizes the church marriage as well. But it was only nine years after, when a new law was promulgated to detail the procedure of realization of this statement. The process of inclusion into state official register, legal consequences and other important questions are regulated in the third section of the new civil code „Family Law”. In spite of this, the conception „church marriage” itself was extended, acknowledging the marriage made in state recognized religion institutions as well. Taking into consideration that the marriage is still registered in both institutions the Church and Civil Registry Institution, the purpose of this article is to develop the criteria of determination of the two types of the marriages. The question arises then, if courts should consider the legal consequences of both civil and church marriages as equal. According to the authors’ opinion, while deciding on the church marriage the spouses commit themselves to observe both state laws (especially family law) and the cannons of the corresponding religion organizations. The article aims to prove, that suits for invalidation of the church marriage and divorce are in charge of the Church Court as well as in the civil court.