engleski

The commandment of law in family law

The multitude of expressions speaking of the need, grown into duty, of giving oneself fully to another in marriage, which cannot exist without love, can be justified in the legal perspective on rights and duties as a classical dichotomy of the legal personality of every individual. Listing marital duties is much simpler than justifying the expression „duty of love“. It is nearly impossible, because love is born or exists, or it does not. The love of the spouses can be seen in all the variations of giving, but it is not enforceable. Legislators find it easier to prescribe the „derivatives“ of love because their absence can be proved when a divorce is sought. It can thus be concluded that the practical reasons of procedural and substantive nature have forced the legislator to choose to prescribe various reflections of marital love as duties of the spouses, implying the existence of love as indispensable for a successful marriage and family life. Consolation can be found in the fact that the affection between a woman and a man, and the decision to live together in marriage, do not depend on a legal norm, so that expression of mutual love have no connection to the legal regulation. The content of marriage depends on the love felt and given selflessly by a particular woman and man to one another.

family law, marriage, love, family

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