Małżeńskie umowy majątkowe w prawie polskim i w prawie rosyjskim – analiza porównawcza

Abstract

The aim of the following paper is to present the institution of the prenuptial and postnuptial marriage contracts in Polish and Russian law. The Author tries to point out the similarities and differences of both legal systems. In Poland these regimes are regulated in one act – Family and Guardianship Code, in Russia are partly regulated in the Civil Code of the Russian Federation and more widely in the Family Code of the Russian Federation. In both systems legislator admits the contractual property regimes, opposite the statutory property regime. The Author focus on pointing out such issues as conclusion of the marriage contract, its content and the limitations of freedom of concluding the marriage contracts.