THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA

Legal anthropology studies of the institution of marriage and family focusing on sources and form of matrimonial law have featured conflicting conclusions. In scientific literature the disputes among researchers are settled by defining one’s views on the theory of customary law. The article contains...

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Autor principal:	Serzhena Zhigmitovna Dugarova
Formato:	article
Lenguaje:	EN RU
Publicado:	Science and Innovation Center Publishing House 2016
Materias:	обычное право институт брака семья средневековая Монголия Law K Social Sciences H
Acceso en línea:	https://doaj.org/article/19eeb9bd6b4943d484f05d904f12e8d5
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id	oai:doaj.org-article:19eeb9bd6b4943d484f05d904f12e8d5
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spelling	oai:doaj.org-article:19eeb9bd6b4943d484f05d904f12e8d52021-12-02T14:40:29ZTHE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA2070-756810.12731/2070-7568-2016-2-23-34https://doaj.org/article/19eeb9bd6b4943d484f05d904f12e8d52016-04-01T00:00:00Zhttp://journal-s.org/index.php/nk/article/view/8857https://doaj.org/toc/2070-7568Legal anthropology studies of the institution of marriage and family focusing on sources and form of matrimonial law have featured conflicting conclusions. In scientific literature the disputes among researchers are settled by defining one’s views on the theory of customary law. The article contains analysis of institution of marriage and family under customary law of medieval Mongolia. In traditional Mongolian society the oral rules of customary law that defined the foundations of social order and reflected the nomads’ world view were never altered, even in the era of big changes. Customary law that regulated such an important part of society as matrimonial relations was eagerly protected by society and the state. Written records of matrimonial norms were caused by exceptional circumstances. Dictations of the nomadic state were intended whether to anchor social reformations for the benefit of the state or to defend the social values depreciated by new environment. The analysis allowed to conclude consistency and features peculiar to marriage and family evolution under Mongolian customary law as part of law and the legal system of the Mongolian state. Purpose: to analyze the institution of marriage and family of medieval Mongolia under Mongolian customary law. Methodology: the comparative method, the dogmatic method: analogy, analysis, synthesis. Results: the characteristics of the development and validity degree of statements on the history of marriage and family law of medieval Mongolia put forward in the scientific literature. Application of results: the results obtained can be used in the preparation of general works on the history of nomadic nations and the history of the Mongolian state and law.Serzhena Zhigmitovna DugarovaScience and Innovation Center Publishing Housearticleобычное правоинститут бракасемьясредневековая МонголияLawKSocial SciencesHENRUНаука Красноярья, Vol 0, Iss 2, Pp 23-34 (2016)
institution	DOAJ
collection	DOAJ
language	EN RU
topic	обычное право институт брака семья средневековая Монголия Law K Social Sciences H
spellingShingle	обычное право институт брака семья средневековая Монголия Law K Social Sciences H Serzhena Zhigmitovna Dugarova THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA
description	Legal anthropology studies of the institution of marriage and family focusing on sources and form of matrimonial law have featured conflicting conclusions. In scientific literature the disputes among researchers are settled by defining one’s views on the theory of customary law. The article contains analysis of institution of marriage and family under customary law of medieval Mongolia. In traditional Mongolian society the oral rules of customary law that defined the foundations of social order and reflected the nomads’ world view were never altered, even in the era of big changes. Customary law that regulated such an important part of society as matrimonial relations was eagerly protected by society and the state. Written records of matrimonial norms were caused by exceptional circumstances. Dictations of the nomadic state were intended whether to anchor social reformations for the benefit of the state or to defend the social values depreciated by new environment. The analysis allowed to conclude consistency and features peculiar to marriage and family evolution under Mongolian customary law as part of law and the legal system of the Mongolian state. Purpose: to analyze the institution of marriage and family of medieval Mongolia under Mongolian customary law. Methodology: the comparative method, the dogmatic method: analogy, analysis, synthesis. Results: the characteristics of the development and validity degree of statements on the history of marriage and family law of medieval Mongolia put forward in the scientific literature. Application of results: the results obtained can be used in the preparation of general works on the history of nomadic nations and the history of the Mongolian state and law.
format	article
author	Serzhena Zhigmitovna Dugarova
author_facet	Serzhena Zhigmitovna Dugarova
author_sort	Serzhena Zhigmitovna Dugarova
title	THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA
title_short	THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA
title_full	THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA
title_fullStr	THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA
title_full_unstemmed	THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA
title_sort	regulation of marriage and family relations in medieval mongolia
publisher	Science and Innovation Center Publishing House
publishDate	2016
url	https://doaj.org/article/19eeb9bd6b4943d484f05d904f12e8d5
work_keys_str_mv	AT serzhenazhigmitovnadugarova theregulationofmarriageandfamilyrelationsinmedievalmongolia AT serzhenazhigmitovnadugarova regulationofmarriageandfamilyrelationsinmedievalmongolia
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THE REGULATION OF MARRIAGE AND FAMILY RELATIONS IN MEDIEVAL MONGOLIA

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