Publication date: 10.06.2024
Peculiarities of legal regulation of family relations in different legal systems: a comparative analysis
Introduction
Family law is an important branch of the legal system of every country, as it regulates the most basic aspects of human life: marriage and divorce, rights and obligations of spouses, child custody, property division, etc. However, the approaches to regulating these issues may differ significantly in different legal systems. In this article, we will examine the peculiarities of legal regulation of family relations in different countries by comparing their legal systems.
Continental legal system
France
France, as a representative of the continental legal system, has a detailed family law, which includes the following
features:
Regimes of property relations:
- A marriage contract may provide for different regimes of joint ownership (joint ownership, separate ownership, contractual regime).
Divorce:
- The divorce procedure can be simplified by mutual agreement or judicial in cases of conflict.
Child custody:
- Joint custody of both parents after divorce is preferred.
Civil partnership (PACS):
- France has recognized civil partnerships, which provide rights and obligations similar to marriage.
Germany
Germany also follows the continental legal system with the following characteristics:
Marriage contract:
- Spouses have the right to enter into a marriage contract that defines property relations.
Divorce:
- A divorce is possible after one year of separate residence if both parties agree, or three years without consent.
Child custody:
- Joint custody is given priority, but the court may decide on sole custody.
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Anglo-American legal system
United States of America
In the United States, family law is regulated at the state level, which leads to significant differences in approaches:
Marriage contract:
- Prenup and postnup agreements can regulate property relations and other aspects.
Divorce:
- Procedures vary from state to state, but in most cases provide for the possibility of divorce by mutual agreement or through the courts.
Child custody:
- Custody is often determined based on the best interests of the child, with the possibility of joint or sole custody.
Civil unions and same-sex marriages:
- Recognition of same-sex marriage is mandatory at the federal level following the 2015 Supreme Court decision (Obergefell v. Hodges).
Islamic legal system
Saudi Arabia
Family law in Saudi Arabia is based on Sharia, which gives religious law a key role:
Marriage contract:
- The marriage contract is binding and includes the obligations and rights of the spouses, as well as mahr (monetary or property compensation to the bride).
Divorce:
- A man has the right to initiate a divorce (talaq), but a woman can also go to court on certain grounds.
