Issue №: 10 (50)
The magazine deals with the problems of the agricultural sector of the economy in the context of integration and processes of globalization. Attention is paid to the issues of development of digital economy, rural territories, technologies of enterprise management and organization of accounting, problems of legal support of economic processes, market tendencies of development of various branches of economy. Particular attention is paid to green tourism as a promising segment of the national economy.
LEGAL CONSEQUENCES OF THE MARRIAGE AGREEMENT
НAVINSKA Elena – Candidate of Law Sciences, Senior Lecturer of the Department of Law,
Vinnytsia National Agrarian University (21000, Vinnitsa, 8/25 Svobody Boulevard, e-mail:
Alyonagaleta@gmail.com).
The article discusses the concepts, legal consequences of the marriage contract. The importance and relevance of the marriage contract in modern society are determined. The author determines that the marriage contract is a civil legal agreement, which is made in writing on the basis of the arrangements of the bride or spouse and notarized, which feature is the regulation of property obligations and rights of the spouse during the existence and termination of marriage. The obligation to recognize under marriage contract the agreement of persons who have already married or are entering into marriage.
Despite the fact that today such an institution as a marriage contract is not widespread in Ukraine, it does not indicate its unpopularity in other countries, where the marriage contract is widely used by citizens to regulate personal property and property relations of spouses. A marriage contract provides for the assertion of all the rights to the property of the spouse, as well as other rights and obligations that must be fulfilled in this marriage. The author also points out the importance of the contract fixing the possible consequences that can occur at the time when the marriage will break up. The main features of a marriage contract are manifested in the following aspects: special (cannot be concluded by proxy or legal representative); promising (its subject may be not only existing but also future (possible) property); complex (may include the terms of several types of contracts); material (in Ukraine, unlike other countries, it regulates strictly property relations of spouses); key (court management is not the law, but the provisions of the marriage contract, which are not contrary to the moral principles of society).
Notaries have a significant role in the conclusion of the marriage contract: the obligation to correct the incorrect terms of the marriage contract, the need for registration procedures of the contract. In signing a marriage contract, the legal consequences in most cases relate to: property rights and obligations under property rights, property rights and obligations of spouses as parents, possibility of right of maintenance, etc. The author has noted the existing practice on the contradictory aspects, as the legal consequences of the marriage contract in terms of property rights, as well as the peculiarities of its form, the possibility of termination, the practice of court decisions.
Disclosure of the features of the marriage contract in other countries: community mode and mode of separation. It was noted that the marriage procedure and the legal regime of property of spouses in different countries do not look the same. The French Civil Code regulates the rules on the marriage contract and the regimes of property relations between spouses. The Brazilian Civil Code, as well as the Marriage Law have rules regarding joint and separate property of the couple. Certain imperative provisions serve as a safeguard for the rights and interests of the property of the second half, while similar rules of domestic law are largely dispositive. If the marriage contract is entered into by the citizens at the marriage, then they need to determine how the property of the future spouse will be purchased, in the personal property of each, or in the joint property that will be given to each of them at divorce.
If the marriage contract is concluded during the marriage, in the beginning it is necessary to negotiate and distribute the already acquired property, and then to agree on the conditions of use of this property after its termination. The marriage contract can be changed or terminated at any time, with the consent of both spouses, all changes are made in writing and are subject to mandatory notarization.
The article identifies the inherent characteristics of a marriage contract regardless of country of origin: the marriage contract should contain only those conditions, the inclusion of which will be true of the civil agreement; by its structure, the marriage contract corresponds to the structure of the civil contract; the conditions of validity of marriage contracts can be both general and special. The main difference between a Ukrainian and a foreign marriage contract is indicated: the Ukrainian marriage contract regulates only property relations, while the marriage contract in some foreign countries may regulate not only property but also personal non-property relations, for example, such as the conditions of raising children, choice professions, religions, etc. At the same time, the rules of fundamental status of married persons may apply in European countries.
The legal consequences of concluding a marriage contract in the following areas are considered: property rights and obligations under property rights, property rights and obligations of spouses as parents, possibility of right of maintenance, etc. The peculiarities of occurrence of legal consequences of incorrect formation of a marriage contract are considered separately.
The article deals with the existing problems of the Ukrainian legislation on the definition of the concept of "marriage contract", and the possibilities of such a contract in comparison with European practice are very limited, both in the subject and material aspect. The author points to the prospect of promoting this type of contract at the expense of the possibility of its conclusion to persons living in civil marriage in order to protect their property interests.
The conclusion of the work was the updating of the creation of a register of notarized marriage contracts in a single information system. Notaries will include information on registration of marriage contracts, their changes and termination in the registers. The purpose of this procedure will be to prevent fraud or concealment of information about marriage contracts, since cases of evasion of creditors or fulfillment of obligations, as well as court decisions through the conclusion of a marriage contract have become quite common.
The article pays great attention to the significant role of the experience of foreign countries, in which the marriage contract has long become an important and necessary event for both the future and the actual spouse. Consideration should be given to making changes to the provisions of the IC of Ukraine in order to take into account the positive experience of foreign countries, in particular the US, in expanding the range of marital relationships that may be regulated by the provisions of the marriage contract.
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About the journal
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History of the journal:
Founded in 1997 under the name ”Bulletin of Vinnytsia State Agricultural Institute”. In 2010-2014 it was published under the name “Collection of Scientific Papers of Vinnytsia National Agrarian University”. Since 2015 “Economics, finance, management: current issues of science and practical activity” (Certificate of State Registration of Mass Media No. 21154-10954 PR dated 12/31/2014).
