| Abstract [eng] |
The legal consequences of a divorce by the fault of one spouse Family is the basis of our society and our state. This provision is established in the first part of the thirty-eighth particle of the Constitution of Lithuania. The role that is emphasized in such way is subsumed to the family as natural and main group of society, which secures the stability of society and country. Divorce is one of the institutes of Family Law. Proper legal regulation of divorce is very important, because it allows to warrant the security of personal freedom, the defense of conscientious spouse rights, it allows to reduce the number of legal issues and can influence the stability of the family. When in 2005-07-01 the new Civil code of Lithuanian Republic came into force the juridical regulation of conjugality abatement has changed, because it consolidates a lot of innovations. One of these innovations is a divorce by the fault of one (or both) spouse. The application practice according this code has not been totally formed yet. That is why the studied theme “The legal consequences of a divorce by the fault of one spouse” is very important. The institute of divorce, the legal consequences of a divorce by the fault of one spouse are under consideration in this work. Foremost, sets forth the conception of divorce, further analyses the issue of fault spouse and seeks to discover the legal consequences of a divorce by the fault of one spouse by analyzing separated discipline of divorce, discuss the innovations, which are consolidated in the Civil code and propose possible problems and difficulties of application in practice. Theme is analyzed according to the Deeds of Law of Lithuania and according to the practice of Lithuanian courts. Scientific literature of Family Law, Civil Law and other branches of Law was used as well. |
