PRENUPTIAL AGREEMENT AS A CIVIL TRANSACTION

Abstract

Property relations between spouses are always in the focus of close attention of legal scholars. in recent years, the number of married couples using civil law forms of regulating the issues related to personal and conscientiously acquired property during marriage has been increasing. in family law, the legislator established a prenuptial agreement as this form. However, there is still no clear understanding of the legal nature of this agreement between spouses in the scientific literature; that is why the purpose of the work was to analyze the features of a prenuptial agreement as a type of civil law transactions. The main research methods were the private law method and comparative legal analysis. The authors conducted the study of existing theoretical and legal approaches regarding the specifics of a prenuptial agreement. in the scientific literature, there are three approaches to determining the legal nature of this legal fact: civilised, family-legal and mixed. Comparing the signs of transactions defined by the Civil Code of the Russian Federation and the prenuptial agreement as one of them, its essential signs are established. The paper shows that a prenuptial agreement is a bilateral (multilateral) consensual transaction that has a paid or gratuitous nature, carried out in a certain period or indefinitely, dependent or independent of any conditions. The conclusions note that a prenuptial agreement can be recognized as an independent civil transaction and a separate type of contract with a limited parties, the purpose of which is distribution of property interests between spouses. The conclusions note that the marriage contract can be recognized as an independent civil transaction and a separate type of contract with a limited subject composition, the purpose of which is the distribution of property interests between spouses.