Analýza přístupu Francie k polygamnímu manželství jako islámskému institutu rodinného práva
| Title in English | Analysis of the French Approach to Polygamous Marriage as an Islamic Family Law Institute |
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| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Pravník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Polygamy; France; international public policy; ordre public exception; adaptation. |
| Description | The number of persons who come from countries influenced by the Islamic religion is increasing in Europe for various grounds. As a result of this, Islamic institutes that are forbidden or unknown to the European legal systems, such as polygamous marriage, may be present in European states. The practical experience of each state with polygamy varies. One of the states that has such experience is France. The paper analyses the French approach based on pivotal case law and literature to polygamous marriage from the 1950s to the present. The article focuses on the recognition of the effects of a polygamous marriage validly concluded abroad, such as the right to maintenance, inheritance or pension, with respect to any possible conflict with French international public policy. The article further deals with the adaptation of French substantive law, which is determined for monogamous marriage, to polygamous marriage. In the final chapters, there is introduced the approach of another francophone country (Belgium) and the possible relevance for the Czech Republic. |
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