Volume 03 Issue 10-2023
34
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes the shortcomings and achievements of European and Asian countries regarding the legal
regulation of marriage relations complicated by foreign elements, and the prospects of introducing useful aspects
from foreign countries in our country are considered. Also, the scientific research conducted in this regard is of great
importance, as well as the increasing number of marriage problems between European and Asian foreign citizens, and
consular marriages in our republic and some other countries. the scientific researches being carried out to eliminate
the main problems and recommendations on the use of legal resources and legal regulation were given to him.
KEYWORDS
Conclusion of marriage, annulment of marriage, foreign citizens, consular marriages.
INTRODUCTION
In the current progressive time, family relationships are
also developing day by day. States are engaging and
entering into relations in each area, thus creating civil
relations between citizens of different states or
stateless persons as well. For example, property
relations, family, marital relations, complicated by a
foreign element, we often meet these days. As such
relationships
become
more
diverse,
legal
circumstances, disputes between the parties begin to
arise. In addition, problems also arise when
determining which state law system to use in dispute
resolution. This is due to the fact that each state has its
own legal system and they differ from each other. For
example, considering the age of marriage in world
countries, which is the main focus in establishing
marriage relations, in Uzbekistan it is eighteen years
for young men and women, twenty years in Japan,
eighteen years for men in Azerbaijan, seventeen years
for women, fifteen years in Sweden, and twenty-two
years in China . As we can see, there are age-related
differences in marital relations complicated by the
Research Article
ISSUES OF LEGAL REGULATION OF MARITAL RELATIONS
COMPLICATED BY A FOREIGN ELEMENT
Submission Date:
October 20, 2023,
Accepted Date:
October 25, 2023,
Published Date:
October 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue10-07
Buronova Sevinch
Tashkent State Law University 3rd Year A Patok Group 1 Student, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 10-2023
35
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
foreign element, that is, if a Japanese citizen who is
eighteen years old marries in Uzbekistan, then in Japan
this marriage is considered invalid. In the legal
regulation of such disputes, private international law
plays a key role. The Universal Declaration of human
rights, as well as the International Covenant on Civil
and Political Rights, establishes that each individual has
the right to marry. They enjoy the same rights both
during their marriage and at the time of their marriage
and when the marriage is annulled.
Discussion and results
There is no international document that regulates the
registration, termination or finding invalid marriages
complicated by the foreign element. When we dwell on
the concept of marriage complicated by the foreign
element, it is understood that in the marriage
relationship that arises between the subjects, one of
the subjects is a foreign citizen. When resolving
disputes arising from such relations, the Personal Law
of the parties is determined, and disputes are resolved
using their personal law. Whichever state a person is a
citizen of, as his personal law, the legislation of that
state is obtained or a personal law is established in
relation to their place of permanent residence.
Personal Law, international private law textbook
(2019) 2 Universal Declaration of human rights cited in
international pacts on Civil and political rights . Today,
in order to legally regulate marriage relations, it is of
partial relevance on a global scale. This is accompanied
by the growth of the world population and the fact
that humanity is superficially changing the views of the
younger generation on the one hand on this issue the
Institute of relations with the participation of foreign
citizens occupies an important place in judicial practice.
However, despite its prevalence, the Institute in
question has not been sufficiently studied and
researched. There are certain contradictions and gaps
in the legislation that lead to problems in the
implementation of the norms governing this
institution. One of the main problems is the non-
existence of a single regulatory legal document that
uniformly regulates marital relations with the
participation of a foreign citizen .
In addition to this problem, there are many problems
in current legislation, such as the lack of a definition of
cross-border marriage.
Thus, cross-border marriage has an undeniable
novelty. The introduction of this concept is associated
with the need for more clarity in determining the legal
position. The legislative definition of the concept of
transnational marriage is complicated by the fact that
Russian specialists have a single approach to the legal
nature of the institution of marriage. Despite the lack
of regulatory regulation of the definition of borderline
marriage, this concept is used by many researchers of
private international law. In turn, the use of the term in
question is possible in terms of the interdependence of
the
concepts
of cross-border
relations and
international relations. The international concept is
used in many cases in the interstate sense
V.S.Peretersky
argued
that
international
understanding has a different meaning in public
international law and private international law. This
means that in international public law it is used to
regulate
relations
between
states.
In
turn,
international private law establishes legal relations
between individuals belonging to different states.
It should be noted that the criterion for dividing
relations into cross-border and intra-border relations is
the position in the socio-geographical space. The
emergence of borderline relations is determined by the
physical crossing of the state borders of the subjects
law helps to register a marriage concluded between
the parties, find it valid or Invalid, terminate it, and
Volume 03 Issue 10-2023
36
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
resolve other disputes. For example, in countries such
as Norway, France, Mexico where same-sex marriage is
allowed, such marriages are not recognized in
Uzbekistan, while similar norms are emphasized in the
regulation of relations complicated by the foreign
element. Citizens of the Republic of Uzbekistan apply
to the consular offices of Uzbekistan during marriage
in a foreign state or when establishing marital relations
with foreign citizens.
The Republic of Uzbekistan guarantees legal
protection and patronage of its citizens both on and
outside its territory. In foreign countries, such tasks are
performed by consular offices. The main activities of
embassies are representative, aimed at ensuring
Interstate diplomatic relations, while consular offices
directly provide protection of the rights and interests
of citizens of the country in the territory of another
country. Consular agencies carry out jurisdictional
actions (recording notarial acts and Civil Status Acts).
The Vienna Convention on Consular Relations of 1963
and the bilateral agreements and Treaties of
Uzbekistan set out the functions of consular offices.
Based on these documents, the consular authorities
will have the right to record the marriage. When a
conflict arises in a marriage relationship, in its legal
regulation, it is referred to the Personal Law of the
individual, as noted above. When determining the
personal law, the law of the state in which an individual
is a citizen is obtained or the legislation of the state in
which he lives permanently is used. In addition, some
states use the law of the place where the subjects were
married, not the Personal Law of the individual. Once
the individual law is established, the dispute is resolved
by these norms. In order to recognize marriage in
France, marriage must not be contrary to French law.
According to the Family Code of the Republic of
Uzbekistan, a marriage concluded with a citizen of the
Republic of Uzbekistan and a foreign citizen or
stateless person must comply with legislation
regardless of whether it is concluded in Uzbekistan or
outside it. In the legislation of many states and
international conventions, cases of monetization to
marriage are also defined. These include not having
reached the age of marriage, having one or both of the
spouses in a legally different marriage, having a
properly contiguous relative under the genealogy, and
having been deemed incompetent by the court. It is
not allowed for individuals to enter into a marriage if
similar circumstances are found. If the persons
undergoing the marriage have complied with all the
requirements, the marriage will be recorded. The issue
of recognizing the recorded marriage as valid by the
state in which it is now a citizen is considered. Foreign
marriages in Uzbekistan are recognized as valid if they
do not contradict the legislation of Uzbekistan. This
practice we meet in France, Russia, the countries of
Central Asia10, Germany (all actions are subject to
legislation). At the same time, in some states, marriage
is recognized by state bodies only if it is structured
(Germany), and in some states, religious marriages are
also recognized (Great Britain), in other states,
marriage in a state div is first required to undergo
religious marriage (Italy, Czech Republic, Poland)11. In
private international law, the concept of lame marriage
is also used. Because of the diversity of state
legislation, marriages recognized in one state and
deemed invalid in another do not produce legal
consequences, thus it is also required that the marriage
be under the Personal Law of the parties. Thus, foreign
citizens and stateless persons have the same rights and
obligations as they enter into civil relations, which are
regulated by collisional norms.
-----------------------------------------------------------
When disputes arise during a marriage with a foreign
citizen or stateless person and the parties decide to
divorce, this process is resolved based on the
Volume 03 Issue 10-2023
37
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
legislation of the states. For example, in Uzbekistan, a
citizen wants to part with a foreign citizen or a
stateless person, in this case, the legislation of
Uzbekistan applies, if this situation is carried out
outside Uzbekistan, and if the relevant state legislation
is observed, the divorce from marriage will be
recognized as valid in the Republic of Uzbekistan.
While the separation from marriage can be carried out
by the registry office, outside Uzbekistan, the task is
performed by diplomatic missions or consular offices.
In the process of divorce from marriage in China, the
legal system of the state in which the parties live is
applied, if their place of residence is not one, then the
legislation of the state in which the citizenship was
received is applied, so that if there is a problem and
they do not become citizens of the same state, the
state legislation in which In accordance with the Minsk
Convention on legal assistance and legal relations in
civil, family and criminal cases, the legal system of the
same state applies if, in divorce from marriage, both
parties are citizens of states that are parties to the
convention, which state div has applied for
separation from marriage. In order to divorce a
marriage in Belgium, the parties must have come to the
same decision at their discretion, be citizens of a state
in which there is a type of divorce from the same
marriage, and thus have a permanent place of
residence in the state. Under French law, the law of
domicilius applies to divorce from marriage if the
parties have a common place of residence. Domicilius
is the designation of a personal law, depending on
whether a state has a permanent or ordinary place of
residence. According to the legislation of Uzbekistan,
the separation from marriage in the state can be
carried out by the state bodies, diplomatic missions
abroad and consular offices. According to the Family
Code of the Republic of Uzbekistan, divorce
proceedings between citizens and foreign citizens or
stateless persons are recognized as valid in Uzbekistan
if they are carried out under the legislation of a foreign
state. If foreign citizens or stateless persons living
permanently in the territory of the Republic of
Uzbekistan are seeking marriage or divorce from
marriage, then the stages are carried out according to
the legislation of the Republic of Uzbekistan. In many
countries of the world, ordinary residence legislation
of the parties applies when divorcing from marriage. If
all legal stages are followed in the process, divorce
from marriage is recognized as valid, disputes arising
from property and other marital status are resolved
based on the norms of the law of this state there is
another concept of “finding marriage invalid” in the
legal regulation of marital relations. The fact that the
marriage is invalid indicates that it did not actually exist
from the moment the marriage was consummated.
___________________
According to the Minsk Convention of 1993, the law
norms of the contracting party applied to the
registration of marriage in the determination of
marriage as invalid apply . The fact that the parties have
entered into a false marriage is the basis for finding this
marriage invalid, since the false marriages are formed
in view of the material benefits arising from the
recording of the marriage, and the marital relationship
does not exist. In addition, violations of the terms of
marriage (e.g., the establishment of marital relations
between persons under the age of marriage) underlie
its being deemed invalid. Collisional norms of states are
used in finding marriages complicated by the foreign
element invalid. The reason for finding a marriage
invalid is due to non-compliance with legal conditions
when a marriage is recorded ,legal assistance in Civil,
family and criminal matters, and the law on legal
Volume 03 Issue 10-2023
38
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
relations (Minsk Convention I.V. Getman-Pavlova"
Mejdunarodnoe chastnoe pravo " uchebnik Family
Code of the Republic of Uzbekistan international
private law) is a textbook. Therefore, the basis for
finding marriage invalid is determined by the states.
We can also see in statistics on the example of
European countries for example
The above statistics show the rise and fall of marriage relations between European states.
Volume 03 Issue 10-2023
39
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
This is given by Statistics seen among Asian nations.
CONCLUSION
Therefore, in the legal regulation of marital relations
complicated by the foreign element, legislative norms
of states are referred to, and collisional norms are
used. Clarification of the law of the state applied to the
resolution of conflict situations arising in marriage
relations creates a problem, and also leads to a long
process. If citizens and foreign citizens or stateless
persons enter into a marriage, conflict situations arise
in the future, which state legislation they use, what
way the dispute will be resolved, moreover, property
Volume 03 Issue 10-2023
40
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
10
Pages:
34-40
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
cases will be resolved in the marriage contract, this will
quickly resolve disputes and both parties will be
satisfied with the result and will provide solutions to
many conflict situations. In fact, the concluded
marriage contract should not be the basis for a false
marriage. The regulation of marital relations by laws,
collisional norms serves to strengthen their role and
importance in society. After all, the family that arises
from marriage relationships is the link of society.
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1.
Xalqaro xususiy huquq. Darslik (2019)
2.
Inson huquqlari umumjahon deklaratsiyasi
https://constitution.uz/oz/pages/humanrights
3.
Fuqarolik va siyosiy huquqlar to
ʻ
g
ʻ
risidagi
xalqaro pakt https://lex.uz/docs/- 2640479
4.
O
ʻ
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5.
O
ʻ
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6.
Французский
гражданский
кодекс
http://oceanlaw.ru/wpcontent/uploads/2018/0
2/%D0%A4%D1%80.%D0%9A%D0%BE%D0%B4%D0%
B 5%D0%BA%D1%81-123.pdf
7.
O‘zbekiston Respublikasi Oila kodeksi
8.
Законодательство
по
международному
частному праву стран Центральной Азии
https://pravo.hse.ru/intprilaw/CA
9.
Европейское семейное право учебник
http://osu.ru/sites/sempravo/docs/Erokhina_E
SP_uchebnik_2016.pdf
10.
Законодательство
по
международному
частному праву стран Восточной Азии –
Проектная
группа
«Современная
конструкция
международного
частного
право» –
Национальный исследовательский
университет «Высшая школа экономики»
11.
Fuqarolik, oilaviy va jinoiy ishlar bo
ʻ
yicha
huquqiy yordam va huquqiy munosabatlar
to
ʻ
g
ʻ
risidagi Minsk Konvensiyasi
12.
И. В. Гетьман
-
Павлова «Международное
частное право» учебник
13.
Лукашук
И.И.
Международное
право.
Особенная часть: Учебник
