უცხოეთის მოქალაქესთან ქორწინების სამართლებრივი მოწესრიგების პრობლემატიკა შედარებითსამართლებრივ ჭრილში

In the wake of the process of human development and globalization, family-marriage relations have changed significantly. The tendency of internationalization of these relations has become noticeable, which, first of all, manifested in an increase in the number of the so-called mixed marriages. This, in turn, has led to the need for detailed legal regulation of marriages complicated by a foreign element. Marriages registered in violation of the law create problems with divorce, inheritance and other relationships. This necessitates knowledge and understanding of marriage law in different countries. In addition, foreign marital relations are closely linked to private international legal norms. The material and collisional laws governing marriage are very diverse. Among the factors determining this are: the level of economic development of the state; Its demographic status; National, religious peculiarities and traditions. At the same time, the unification / harmonization of the norms regulating this field is quite a difficult and slow process. The above circumstances lead to an increase in the role of private international law. Thus, for the origin, change or termination of a particular family-legal relationship with a foreign element, it must be ascertained which state is subject to that legal relationship. This paper examines that issue.
This paper analyzes the material and collisional legislation of Georgia, as well as Germany and the United States regarding marriage. The focus is on both the private and constitutional aspects of marriage. The institution of marriage, the basics of the origin of marriage, the conditions, the form, the impediments to marriage, including the participation of a foreign element, is studied. European legislation and international conventions are reviewed. A need for amendments to the national law, in particular the Act of Private International Law is shown. In particular, the need for a clearer and more unambiguous wording of Article 44 of this act. The paper emphasizes the fact that the development of family-marriage relations necessitates the adaptation of legal norms to the modern reality. Same-sex marriages are now allowed in more and more countries. Therefore, it is inadmissible to ignore the rights of such persons in Georgia. This issue is also addressed in the present paper.