Marriage agreement and inheritance agreement: comparative legal analysis

Abstract

In the scientific article the author conducted a comparative legal analysis between a marriage contract and an inheritance contract. The concept, legal nature, peculiarities of concluding and terminating a marriage contract and an inheritance contract were investigated.
 The possibility of contractual regulation of civil and family legal relations is defined in the family and civil legislation. According to the Civil Code of Ukraine, the parties have the right to regulate their relations in the contract at their own discretion and may depart from the provisions of acts of civil legislation (Article 6 of the Civil Code of Ukraine). The Family Code of Ukraine defines the participants in family relations who can regulate their relations by agreement.
 The Family Code of Ukraine and the Civil Code of Ukraine clearly regulate the marriage contract and inheritance contract, the doctrine has sufficiently extensively researched the issue of the essence of these contracts, however, in the article we will focus on identifying the common and distinctive features characteristic of these contracts.
 As a result of the relationship between the marriage contract and the inheritance contract, we will highlight common features: the principle of freedom of contract applies to the conclusion of contracts; when concluding a contract, the parties create rights and obligations for themselves; married couple may be a party to a marriage and inheritance contract; the subject of the contract is joint and personal partial ownership. Distinctive features are that, in addition to the spouses, the marriage contract can be concluded between the married couple, and according to the inheritance contract, the alienator, in addition to the spouse, of one of them, can be another person, and the acquirer can be a physical or legal entity; the form for both contracts is provided in writing and is subject to notarization, however, additionally, the inheritance contract is subject to state registration in the Inheritance Register in order; the content of the studied contracts is significantly different, as they generate different legal consequences for the participants of the legal relationship.