Contractual Regulation of Marital Relations in Ukraine
Abstract
The contractual regulation of marital relations as a modern legal and social instrument for regulating the interaction of spouses in Ukraine is analysed. Attention is paid to clarifying the concept, legal nature, and characteristics of the parties to a marriage contract, as well as comparing the legal regulation of the institution of marriage contracts in Ukraine and foreign countries from the perspective of the possibility of integrating positive foreign experience. The legislation of various countries is analysed, with particular attention paid to the experience of the France and Germany, and the social prerequisites and consequences of the spread of the practice of contractual regulation of marital relations are revealed.
The position that a marriage contract is not only a legal form of regulating the rights and obligations of spouses, but also a social mechanism that reflects the transformation of the institution of the family in the context of a changed value system, increased individualisation and the growing importance of personal autonomy is supported. Empirical data is presented showing that, despite the legal possibility, marriage contracts remain uncommon due to the dominance of traditional ideas about marriage, distrust of legal mechanisms, and low legal awareness. It has been proven that a marriage contract is a contract for joint activity, concluded to change the legal regime of jointly acquired property of spouses, and does not contain obligations of the parties to combine their contributions and act jointly.
The contractual regulation of marital relations in Ukraine was studied through the prism of modern legal approaches, the theoretical foundations, regulatory framework and practice of its application were analysed, the content of the marriage contract, its limits were revealed. Conclusions have been drawn about the introduction of certain provisions regarding marriage contracts that are not characteristic of Ukrainian legislation: firstly, the prohibition on making changes to a marriage contract is considered a radical and unjustified condition; secondly, the registration of marriage contracts through the courts is considered burdensome for both the parties and the judicial system.
In conclusion, the need for a broader legal awareness approach, adaptation of national legislation to modern social realities, and support for the institution of marriage contracts as an element of responsible partnership and social stability is noted.
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