To the issue of the marriage contract in the legislation of Russia and the CIS
Автор: Rudchik Anna
Журнал: Бюллетень науки и практики @bulletennauki
Рубрика: Юридические науки
Статья в выпуске: 1 т.5, 2019 года.
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The article deals with the concept of a marriage contract, its subject composition, a comparative analysis of the marriage contract in the Russian legislation and the CIS countries. The work emphasizes that the marriage contract is currently objectively the most universal tool for pre-trial settlement of disputes between spouses on the division of property, and in the proceedings of the relevant disputes in court and, importantly, with its competent drafting, the marriage contract is an indisputable proof of ownership, use and disposal of property that were acquired in marriage, one of the spouses. This important aspect of the characteristics of the marriage contract is undoubtedly one of its most significant advantages since it turns out that it provides protection to the subjects who concluded it in case of any dispute. The author analyzes the provisions of the legislation of the CIS countries and notes that this institution of civil and family law in different countries has some differences. Undoubtedly, this particular circumstance is influenced by a considerable number of factors, such as the level of development of legislative technology, property and family relations, the role of traditions, political characteristics, etc. At the same time, the author highlights a large number of common features in the definition and characteristics of the marriage contract in the legislation of the CIS countries.
Marriage contract, family law, transaction, marriage, marriage and family relations, notarization, legislation
Короткий адрес: https://sciup.org/14115036
IDR: 14115036 | DOI: 10.5281/zenodo.2539772