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Digital Marriage and Divorce: Legality Versus Digital Solutions

Chapter

Abstract

Rapid developments in several relations between a citizen and a state have raised a question about the possibility to apply the whole digitalised system to administrative deeds, including contracting marriage and confirming divorce. Technology must be in conformity with law, not only with procedural law but also with substantial law. On the other hand, society must be open to innovations, including to the new values and traditions influencing the attitudes related to family matters. Society's reluctance to accept new ideas can lead to a situation in which a digital solution is not applicable because of an outdated substantive law. The article analyses which legal problems can arise in the digitalisation of marriage and divorce and discusses if those problems would be the impediments to ensuring the legality of the procedure. By this analysis, many questions can arise and would need an answer; for example, is it possible to control certain data, wills and conditions? How does one give explanations and avoid fraud? Are marriage and divorce deeds with similar legal and social meaning to put them into the digital form? Should the traditional marriage and divorce models be replaced by the digital one, or should they exist concurrently? How ready is society in such a novel digital thought at all?

Keywords

European Union Population Register Family Event County Government Legal Meaning 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

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Copyright information

© Springer International Publishing Switzerland 2016

Authors and Affiliations

  1. 1.Tallinn Law School, Tallinn University of TechnologyTallinnEstonia

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