CIVIL LAW ASPECTS OF THE MARRIAGE CONTRACT AS A TYPE OF AGREEMENT

Abstract

This legal article is devoted to the study of one of the main institutions of family law - the marriage contract, in the context of the study of its civil law aspects, namely the property rights of spouses. Although, the content of the volume of this element can be defined as debatable, because the content of the marriage contract has a fairly wide range of its conditions.

It should be noted that the legal institution of the marriage contract, with the adoption of the Family Code of Ukraine in 2002, belongs to the novelties of modern family legislation, which caused a significant contribution to the legal regulation of family property relations also on a contractual basis: The practical application of these aspects found its embodiment in subsequent norms of family legislation, while it should be noted that a significant number of these theoretical provisions were, and still are, of a debatable nature. In particular, regarding the name of the institute "marriage contract" or "marriage contract", scholars cannot come to a consensus.

Based on the analysis of the norms of the current family legislation of Ukraine, the following definition of a marriage contract has become widespread in the legal literature: it is an agreement between persons who have submitted an application for the registration of a marriage or a spouse to establish the property rights and obligations of the spouses related to the conclusion of the marriage, its existence or termination [1]. Revealing the essence of the marriage contract, it becomes necessary to analyze the legal nature of this institution, to establish a relationship with legal institutions of family and marriage, some institutions of civil law of Ukraine, as well as with institutions of international private law.

Considering the legal nature of the marriage contract in the context of private law, the following aspects inherent in this institution should be outlined:

• A marriage contract is a type of deed, with subsequent legal consequences of its conclusion;
• A marriage contract cannot exist outside of marriage;
• The emergence of rights and obligations of spouses in accordance with the marriage contract (contract);
• Termination of the marriage contract does not mean automatic termination of marriage;