Veränderungen des Bilds der Ehe im Recht

Authors

  • Prof. Dr. Bettina Heiderhoff Faculty of Law of the University of Münster, Institute for German and International Family Law

DOI:

https://doi.org/10.17879/zkr-2023-5154

Keywords:

Image of marriage, Marriage law, rights of freedom, protection of fundamental rights, understanding of marriage, same-sex-marriage, polygamy

Abstract

The article analyses the image of marriage in the legal system of Germany, especially in relation to the protection of marriage under fundamental rights. Although law generally does not work in images, the image of marriage plays a crucial role in marriage law, in particular with regard to fundamental rights protection. The text examines the link between the social image of marriage and the legal framework, as well as its impact on the institute of marriage as guaranteed by Article 6 (1) GG. In addition, fundamental aspects of the institute guarantee in Article 6 (1) GG are examined. It is emphasised that the design of marriage in marriage law must correspond to the social image of marriage, while the state is not allowed to prescribe its own image of marriage.

Author Biography

Prof. Dr. Bettina Heiderhoff, Faculty of Law of the University of Münster, Institute for German and International Family Law

Bettina Heiderhoff (born 1966) is a legal scholar and professor of private international and procedural law and civil law at the University of Münster. She is also the director of the Institute for German and International Family Law.

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Published

2024-05-07

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Article