International Legal Experience in the Field of Concluding a Marriage Contract

Abstract

A marriage contract has become a familiar tool for resolving property issues between persons who are legally married or planning to conclude one. Currently, the legally prescribed notarial registration of a marriage contract shows a significant statistical increase. In this regard, various legal issues arise in practice that require detailed study and solution. The purpose of this work is to identify, using the method of comparative research, the positive experience of foreign legal regulation of the institution of a marriage contract, in comparison with the Russian one, is longer and more extensive. The study allowed to determine that the development of the Russian institution of the marriage contract should be carried out both within the framework of the legal field and in the direction of increasing the popularity of the marriage contract as a legal instrument for regulating the property relations of spouses among the population, by changing the widespread opinion about the fragility of the union, which begins with resolving issues about joint property. The author, studying and analyzing foreign legislation on the content of the marriage contract, exploring issues that are not subject to inclusion in the subject of contractual regulation, as well as the features of the conclusion, amendment and termination of the marriage contract, comes to the conclusion that the main Russian legislative prospects in improving the institution of the contractual regime spouses may arise in the area of distribution of contractual property obligations to persons who are not in a legally registered marriage, by analogy with a number of foreign countries.