Marriage contract and cross-border marriage: Issues of legal regulation in the context of international family law and conflict of laws

The relevance of aforementioned issue was due to the fact that in the context of numerous military conflicts, as well as the intensification of demographic phenomena related to migration processes, an effective mechanism for the legal regulation of cross-border marriage contracts is of great importance for the protection of the property rights of spouses. The aim of the scientific research was to conduct a comprehensive scientific and practical analysis of the peculiarities of recognising the validity of cross-border marriage contracts within different jurisdictions, as well as to draw conclusions and make recommendations of a scientific and practical nature. In the course of researching this topic, the comparative method, critical analysis method, interpretation method, abstraction method, logical-legal method, and legal modelling method were used. An analysis of approaches to understanding the essence and content of marriage contracts in common law and civil law countries was conducted. A definition and a system of characteristics of a cross-border marriage contract, which is the primary element of the autonomous concept, are proposed. The significance of Council Regulation No. 2016/1103 for the implementation of the conflict-of-laws method of regulating these legal relations in the European legal space was considered. Particular attention was paid to the specifics of the approach to the recognition of marriage contracts in countries with a common law system. Based on the results of the study, a system of proposals was developed aimed at ensuring the effective functioning of cross-border marriage contracts, taking into account the challenges of globalisation. Attention was focused on the need to define the fundamental standards of validity of cross-border marriage contracts. The practical significance of this study lies in the fact that the results obtained can be applied in the process of improving the conflict of laws regulation of contractual marriage relations in general, as well as the development of international legal regulation of the concept of cross-border marriage contracts in particular