Kazarian K. Marriage agreement in private international law

Object: contractual marital relations complicated by a foreign element. Objective: to determine the nature of the marriage contract, complicated by a foreign element, finding and solving theoretical and practical problems related to the marriage contract in private international law, the development of proposals on improvement of legal regulation and relevant recommendations for enforcement rules in this area. Methods: hermeneutic; analysis and synthesis; classification; sociological; historical and legal; comparative law; modeling; legalistic. Theoretical and practical results, scientific novelty: for the first time offered the definition of marriage in private international law, a marriage contract in private international law and marital relations complicated by a foreign element; it asked to distinguish between the secular and the religious concept of marriage contract in private international law; it proposed in the event of a conflict of jurisdictions to provide the parties the right to apply for transfer of the case to the court of the country, with the right legal relationship which has the closest connection; the necessity of the parties to the marriage contract, complicated by a foreign element, unlimited autonomy of the will in the choice of law applicable to the marriage contract. Improved the differentiation of the marital relationship, complicated by a foreign element; position about the possibility of regulation of personal non-property relations of spouses marriage contract. Received further develop provisions on the necessity to consolidate the position in the marriage contract, complicated by a foreign element, the conditions on the responsibility of the parties for non-performance or improper performance of the contract; a provision stating that the use of the public policy could lead to unnecessary violation of rights. Practical value: the results of research can be used in legislative activity – for the improvement of national legislation by amending the laws in the field of marital relations; in law enforcement – to improve the performance of the judiciary in the resolution of disputes relating to marriage contracts in private international law; in the practice of law while participating in the procedures related to the issues of marriage contracts, complicated by a foreign element. Practical recommendations for Ukrainian citizens to contract marriage with a foreign element are formulated. Scope: in the teaching process in teaching of educational disciplines «Family Law», «Private International Law» and other civil-legal disciplines.