| Abstract [eng] |
Transformation of Concept of Marriage in Contemporary Law: Fors and Against. This thesis examines the transformation of the concept of marriage in contemporary continental and common law countries. It also compares historical and modern concept of marriage and its main developments. What is more, this paper assesses the main reasons which influence the decrease of importance in institution of marriage and increase popularity of registered partnership institute in many European countries and United States of America. Furthermore, it reveals a family and marriage concepts ratio. Accordingly, the work explores the European Court of Human Rights practice, which has purposefully expanded notion of the traditional family, based on heterosexual couple’s marriage concept. Additionally, this thesis investigates the present situation of the institution of marriage in Lithuania and the main reasons determining its popularity. This study analyzes Lithuanian legal and regulatory framework, the Constitutional Court's decisions, which disclosed supplementary concepts of marriage and family relations in our country. Additionally, it assesses the main reasons for determining the registered partnership institute validation delays, it also analyzes Lithuanian Supreme Court practice of cohabitating couples property relations. Furthermore, this study evaluates the validation problems of the same-sex marriages and existing national solutions on this issue. The practice of European Court of Human Rights which regulates the same-sex relations was analyzed using a comparative research method and it distinguishes the main reasons determining the difference between countries practices on the same-sex marriage legalization issue. Furthermore, this study analyzes the United States Supreme Court practice of same-sex marriages and the influence and the importance of the United States Supreme Court decisions in other countries. Finally, it investigates the present situation related to material and procedural law harmonization on the supranational level. |
