Review of European and Comparative Law, 2024, Vol. 59, No. 4

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Marriage Invalidity – A Comparison of English and Hungarian Rules
(Wydawnictwo KUL, 2024) Molnár, Sarolta
Through a dogmatic comparative lens, the paper scrutinises the nuanced criteria for determining marriage invalidity through a comparative analysis of English and Hungarian legal frameworks. It explores the divergent historical trajectories and legal traditions that have shaped the conceptualisation of marriage in these two jurisdictions, noting the transition from ecclesiastical to secular regulation. It highlights the impact of recent legislative reforms, such as the ongoing revision of marriage law in England and Wales led by the Law Commission and the incorporation of family law into the Civil Code in Hungary. Furthermore, the analysis includes insights from the jurisprudence of the European Court of Human Rights, providing a common frame of reference for evaluating fundamental rights within both legal systems. By illuminating the complexities surrounding marriage invalidity, this study contributes to a deeper understanding of the intersection between legal tradition, social norms, and individual rights in the context of marital relationships. By illuminating the complexities surrounding marriage invalidity, this study contributes to a deeper understanding of the intersection between legal tradition, social norms, and individual rights in the context of marital relationships.