The Doctrine of Good Morals in Civil and Family Law: Some Aspects

The purpose of the study. The article examines various aspects of the civil law doctrine of good morals, and explores the possibility of applying the category of «good morals» to family legal relations. Examples from the judicial practice of German courts related to the application of the category «good morals» are analyzed. Conclusions. The conclusion is substantiated that the civil law category «good morals» can be applied to family legal relations, in particular when considering claims for invalidation of marriage on the grounds of its fictitiousness, when challenging marriage contracts, when considering cases for the recovery of alimony, when challenging the agreements of spouses. In family law, as in civil law, the content of the category of «good morals» is determined based on the ideas of morality and morality existing in the state. Good morals act as the limits of the autonomy of family relations, allowing to invalidate family agreements that violate ideas about decency, morality, family values, family functions, and the ideals of marital and child-parent relationships supported in society. For the application of «good morals» in family relations, an objective criterion is necessary-the inconsistency of the concluded agreement or action with the system of morality and values, as well as a subjective one, which, depending on the circumstances of the case, may consist both in the intent of both parties or one party (for example, in the fictitious marriage), and in the awareness of the circumstances of the concluded agreement or committed actions (for example, when challenging a marriage contract). In addition, good morals and the contradiction of morality act as criteria and factors affecting the discretion of the law enforcement officer.

good morals, morality, social regulation, family autonomy, family relations