Unfavorable credit history as a motive for concluding a marriage contract: analysis of law enforcement practice

The article is devoted to a rather narrow issue, in respect of which similar scientific research in modern civil science is not presented, - a marriage contract concluded on the grounds of an unfavorable credit history of one of the spouses as an obstacle to the consideration of spouses as coborrowers under a targeted mortgage loan agreement, the object of which is the purchased residential premises. The article shows the functional purpose of the marriage contract; the inconsistency of judicial practice on the issue of invalidation of the marriage contract on the grounds of the presence of conditions in it that put one of the parties in an extremely unfavorable position, including due to the forced conclusion of the marriage contract at the request of the bank due to the unfavorable status of the credit history of one of the spouses. According to the author, the bank's requirement to conclude a prenuptial agreement to “overcome” the unfavorable credit history of one of the spouses and, as a result, the exclusion of such a spouse from the loan obligation is one of the determinants of the increased demand for a prenuptial agreement. At the same time, such motivation is not an independent basis for recognizing a marriage contract as an imaginary transaction. As the analysis of law enforcement practice shows, a responsible attitude to contractual obligations, including obligations from the marriage contract, is not typical for modern Russian society: the infantilism of the parties to the marriage contract remains, as well as a low level of legal culture.