Granting the right to marry a minor as a way of judicial protection of family rights and interests

Abstract

The scientific article investigates the nature of granting the right to marry as a way of judicial protection of family rights and interests. The methodological basis of the research is a combination of qualitative research methods, literature review and analysis of relevant legal acts.
To achieve the goal of the article, the author used the following methods: (1) literature review; (2) analysis of normative legal acts; (3) qualitative research methods and (4) comparative analysis.
The scientific article defines the essence and legal nature of granting the right to marry a minor as a way of protecting family rights and interests, considering the existing judicial practice. The scientific article shows that granting a minor the right to marry by the court is by its nature a changed family relationship, there is a partial change in two family relationships – between parents and the child who applied for the right to marry, as well as between the child and others. a person who wishes to marry a minor. As a result of the court’s decision to grant the right to marry, the legal status of a minor who receives the right to marry changes, this person actually loses the status of a child in the necessary legal relationship, wants and keeps it where it is necessary to ensure his best interests.
Granting a minor the right to marry, on the one hand, is aimed at eliminating obstacles to the state registration of marriage by a person who has not reached the age of marriage and the emergence of a complex of personal non-property and property rights of spouses in this particular case; on the other hand – to protect her rights and interests as a child, after that this is the reason for the court’s decision to grant the right to marry a minor as an exception to the rules on the marriage of an adult.
Granting the right to marry to a minor can be aimed at protecting not only the rights and interests of the applicant, but also the protection of the rights of the applicant’s unborn child who is pregnant, the interests of another participant in the process who wishes to marry the person requesting the right to marry.