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Invalidity of marriage in Turkish and Azerbaijan Family Law

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2018
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Abstract (EN)

In this work, the material, procedural and legal aspects of marital invalidity have been addressed both from a practical and a theoretical perspective. Invalidity of marriage is a negative legal and social phenomenon. There are ambiguities in the resolution of marital annulment cases and invalidity results as law enforcement. The purpose of the research is to recognize the existence of an invalid marriage and social relations in connection with its existence, as well as the invalid acceptance and application of the results. The issue of working is the norms of Turkish and foreign families and civil law; law regulations on the invalidity of marriage in Turkish and Azerbaijani law; the scientific doctrine of the legal regulation of the invalidity of marriage; judicial practices for the application of norms on the nullity of marriage. The level of scientific elaboration of the research topic is a comprehensive monographic examination of marital invalidity problems and the implementation of the consequences of the invalidation on the basis of a new family and civil law legislation. By analyzing the problems of invalidity of marriage, taking into account the current legislation, modern doctrine and the present phase of the development of society and the state, it is necessary to identify and solve the problems associated with invalid marriage. The thesis is based on methodological basis, general scientific and special scientific research methods: dialectical methods of social and legal knowledge, historical and legal methods and comparative law, complex research, law system analysis and other kind of methods. These methods made it possible to discover general trends in the development of marriage invalidity and to reveal the characteristics of the legal regime. The integrated approach has contributed to the development of a unified concept of marital invalidity as a complex of legal phenomenon. The theoretical foundations of the research are the scientific experience of the problems related to marriage and the general law theory which are revealed in many academic studies. At the same time, in this work, specific recommendations were developed based on proposals on improving family legislation.

Author

Aynur Gulıyeva

How to Cite

Aynur Gulıyeva (Master Thesis). Invalidity of marriage in Turkish and Azerbaijan Family Law, 2018, İstanbul Aydın University.

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