Family law as an independent branch of law is the system of legal norms regulating family, that is personal and derived from those property relations that arise between people because of the conclusion of marriage (the marriage), consanguinity, adoption and adoption of children in a family on education.
In the area of family law, Institute of private international law play a significant role Hague Convention on the settlement of conflicts of laws in the field of marriage (1902); on the settlement of conflicts of laws and jurisdiction regarding divorces and legal separations (1902); on conflicts of laws regarding personal and property relations of spouses (1905); the Convention on the marriage and declared void (1978); Convention on the law applicable to the regime of property of spouses (1978); Convention on the recognition of divorces and legal separations (1970) and others.
The substantive family law of the various States have a wide variety that creates, in practice, the collision occurs at the solution of various issues of marriage and family relations.
The main conflict of the bindings for the establishment of the applicable law: the law of the place of marriage; the law of nationality of the spouse; the law of the country of permanent residence of the child; the law of citizenship of the adopter; the law of competence of the institution; the law court etc.
Legal registration of marriage is its registration in the registry of civil status or otherwise provided for by domestic law.
Obligatory conditions of a marriage is usually attributed to the mutual consent of the persons entering into marriage, and of marriageable age. The average age of marriage is set at 18 years, although some countries may have other age limits, and for women lower than for men. If there are serious grounds, the marriage age can be reduced.
Marriage may be made either in civil or in a religious form. According to this principle, all countries can be divided into three groups: 1) legal consequences gives rise only to civil marriage (Germany, France, Switzerland, Japan, Russia, and others); 2) marriage shall be entered into alternative either in civil or in religious form (England, some States in the USA, Denmark, Spain, Italy, Canada and others); 3) there is only a religious form of marriage (Israel, Iraq, Iran, some U.S. States, a separate province of Canada).
The marriage ceremony is always performed in the presence of the established in the law (two to six) the number of adult witnesses. The marriage is performed in the presence of the parties. If for any reason the presence of the intending spouses is impossible or very difficult, a statement, signed by both parties to the marriage may be filed by any one of them. In this case, the signature of the absent person in the joint statement should be, as a rule, certified by a competent authority or official of the Executive authority at the place of residence of that person.
Although the question about the conditions of marriage in the law States regulated differently, we can distinguish some common features:
marriage must belong to a different floor, and in the case of physical anomalies the question about the possibility of marriage is decided on the basis of the data of the medical examination;
entering into a marriage are responsible for the concealment of circumstances hindering marriage. Persons who held previously in a registered marriage, must submit the documents (or other evidence);
the law prohibits marriages between relatives in direct ascending and descending the line between full and not full brothers and sisters, and between adoptive parents and adopted children;
not permitted marriages between persons of whom at least one is recognized as incapable due to mental illness or dementia, which must be confirmed by a court decision entered into legal force;
during marriage spouses they desire is given the surname of one of them as their common surname, or each retain their premarital surname;
marriage registration of citizens residing or temporarily residing abroad, is possible only at presence of the documents certifying their nationality or citizenship;
if the registration authority receives a message about the presence of obstacles to marriage, registration is delayed;
a marriage may be concluded only if there is explicit consent.