Detail Publikasi
Abstrak
As is known, marriage is the basis for creating a family. This institution has undergone centuries of development to its current form. Over time, the institution of marriage, both in Roman and Georgian law, has undergone changes. However, it has always been believed that the family is a complex social phenomenon and is to one degree or another connected with the existing socio-economic or political system in society. In ancient Roman and Georgian law, the institution of marriage was initially regulated by customary law, but as a result of the spread of the Christian religion, religious norms were established that gradually replaced pagan customs and clarified the rules prohibiting marriage in the case of kinship. Along with the development of society, there was a need to establish legal norms in parallel with customary and religious law. It should be noted that Roman law provides much more and more accurate information about marriage. In addition, Roman law imposed stricter requirements on the institution in question than in Georgia. However, both under Roman and ancient Georgian law, the lack of consent to marriage was considered a circumstance excluding marriage. A comparison of ancient Roman and Georgian law allows us to determine what influence modern Georgian marriage law has had. Accordingly, the purpose of the work is to compare the legal norms and customs of marriage. The institution of marriage is still undergoing changes, so the issue does not lose its relevance. In modern reality, the norms established by custom are gradually being replaced by rules determined by legislation, which detail both the prerequisites for marriage, and the rights and obligations of spouses.