Collision aspects of the implementation of the right to marriage in private international law

Abstract

Regulation of relations of matrimony and family in international private law is one of the most difficult and intensively analyzed spheres in Ukrainian legal science. It is also important to pay attention to processes of unification and harmonization of this relations, that is happening now in Europe. It is essential to analyze and compare legislation of foreign countries in context of future implementation of some rules and institutes into national legislation. Any state is a warrant of the most of social rights, so it has an obligation to provide in legislative level mechanisms of protection of right of matrimony and family sphere. It is also more actual in context of increase of number of collisions of national and foreign rules that makes collision problems. Collision rules do not regulate relations of matrimony and family, they help to find connections with national law, that arise because of foreign element, so every state has its own national legislation, that regulates matrimony and family relations and in process of this regulation problems of collision happen. Compliance of requirements of legislation is always necessary for legal force of marriage, including marriage with foreign element. Collision rules of family law are quite a difficult institute of international private law, there are some rules of national law, that regulate this sphere, but there are also some collisions in matrimony relations, including realization of right for marriage. There are globalization and integration processes now, but there are some problems because of collisions, so states create conditions for regulation of relations of matrimony and family and understand necessity of approximation of national rules to international mechanisms, practice and processes of protection of rights and interests of participants of relations of matrimony and family.