Marriage As Institution Of Family Law: Disharmony Of Private And Public Interests

Abstract

Demography, sociology, law, psychology -this is not a complete list of branches of science focused on family relations. Undoubtedly, depending on the goals and objectives set, scientists study the content and form of marriage, the features of this social institution, but at the same time, a priori, marriage is considered as a kind of union of a man and a woman. Marriage and family are closely interrelated. The family is defined as the group of individuals bound by mutual rights and obligations in the sphere of personal non-property and property relations arising from kinship, marriage, adoption and other legal facts underlying family relations. The doctrine concludes that "recent practice has revealed significant problems in the legal regulation of property relations of spouses in the context of the digital transformation of the economy". In the works of legal scholars, the problem of the correlation of private and public interests in this area of family relations is noted, which is due to the need to comply with mandatory regulations that reflect the public interest and the will of the state regarding the content and form of implementation of the private interests of persons positioning themselves as spouses. It should be noted that the problem of regulating family relations with a possible deformation of their content and, thereby violating the principle of preserving traditional family values. The authors of the article analyze marriage as an institution of family law, reveal the disharmony of private and public interests in the sphere of family relations.