НАРОДИ КЊИГЕ: ОСНОВНА ПИТАЊА РЕГУЛИСАЊА ХРИШЋАНСКИХ, ЈЕВРЕЈСКИХ И МУСЛИМАНСКИХ БРАЧНИХ ПРАВА
PeoPle of the Book: fundamental issues of the regulation of Christian, Jewish and muslim marriage rights
Author(s): Róbert István KasubaSubject(s): Civil Law, Canon Law / Church Law, Sharia Law, Administrative Law
Published by: Advokatska komora Vojvodine
Keywords: religious marriage; civil marriage; Jewish law; Sharia; Orthodox law; Lutheran law; Calvinist law; Catholic law; legal comparison; comparative law.
Summary/Abstract: The relationship between the system of civ- il matrimonial law and denominational and religious rights in the European context is quite clear to any lawyer because civil matrimo- nial law evolved from canon law, particularly Catholic canon law. The system of canon law influenced and shaped the thinking of le- gal scholars who formed civil matrimonial law, and this is also true of Protestant marriage. Jewish and Islamic marriage law, however, differs significantly from the Christian conception and is definite- ly contractual in nature. This study aims to compare the marriage law rules of Christianity, Judaism, and Islam using the method of comparative law, but it also compares them with the Hungarian mat- rimonial law system. The study analyzes the pre-marriage procedure and the process of entering into marriage, and it compares the rules for divorce with regard to these three religions. The study is a short- er explanation of one of the important topics of the author’s doctoral research since the main topic of the research is facultative civil mar- riage, i.e. the possibility of recognizing church marriage in civil law in Hungary. The author aims to get a more complete picture of the legal concepts of the three great world religions and the relation of Hungarian marriage law to these religious legal systems.
Journal: ГЛАСНИК АДВОКAТСКЕ КОМОРЕ ВОЈВОДИНЕ - часопис за правну теорију и праксу
- Issue Year: 84/2024
- Issue No: 3
- Page Range: 720-753
- Page Count: 34
- Language: English, Serbian