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.
1. Marriage Contract in Ukraine: Pros, Cons, and Prices Retrieved from
https://konkurent.in.ua/publication/36748/shlubniy-kontrakt-v-ukraini-plusi-minusi-i-tsini/ [in Ukrainian].
2. Kazaryan, K.A. (2016). Shlyubnyy dohovir u mizhnarodnomu pryvatnomu pravi [Marriage
treaty in private international law]. Extended abstract of Doctor’s thesis. Kharkiv. [in Ukrainian].
3. Hofman, Y.V. (2014). Shlyubnyy dohovir yak riznovyd tsyvilʹnykh dohovoriv u simeynomu
pravi Ukrayiny. [Marriage contract as a kind of civil contract in the family law of Ukraine]. Aktualni
ppoblemy depzhavy i prava: zb. nauk. pr. - Current Problems of State and Law. Collected Science ,74,
287-292. [in Ukrainian].
4. Dutko, A. S. (2016). Ponyattya ta pravova pryroda shlyubnoho dohovoru. [The concept and
legal nature of the marriage contract]. Vicnyk Natsionalnoho univepcytetu "Lvivcka politexnika".
Yurydychni nauky - Bulletin of the National University "Lviv Polytechnic", Jurisprudence. 837, 188-191. [in Ukrainian].
5. Zhylinkova, I . (2011). Osoblyvosti zakonodavchykh konstruktsiy simeyno- pravovykh dohovoriv.
[Features of legislative structures of family legal contracts. Bulletin of the Academy of Law] Vicnyk Akademii
pravovyx nauk Ukpainy - A spokesman for the Academy of Law of Ukraine, 1(64), 85- 94. [in Ukrainian].
6. Malanchuk, T.V., & Dehtyar, R.O. (2018). Instytut shlyubnoho dohovoru v Ukrayini:
perspektyvy udoskonalennya ta zarubizhnyy dosvid pravovoho rehulyuvannya. [Marriage Agreement
Institute in Ukraine: Perspectives on Improvement and Foreign Experience in Legal Regulation].
Molodyi vchenyi - Young scientist, 5(2), 620-623. [in Ukrainian].
7. Dpagnevich L.Yu., Pulneva O.C., Fupca E.I., Fupca C.Ya. & etc. (2005). Family Law: Notary
Advocate Court: Scientific Practice. tool. from the information. application on laser media (Publisher
Fursa S. Ya) [in Ukrainian].
8. Simeynyy kodeks Ukrayiny [Family Code of Ukraine] (2018, August 28) Retrieved from
https://zakon.rada.gov.ua/laws/show/2947-14 [in Ukrainian].
9. Propraktiku zastosuvannia sudamy zakonodavstva pry rozhliadi sprav pro pravo na shliub,
rozirvannia shliubu, vyznannia yoho nediisnym ta podil spilnoho maina podruzhzhia: Postanova
Plenumu Verkhovnoho Sudu Ukrayiny [On the practice of application by the courts of law when
considering cases of the right to marriage, dissolution of marriage, invalidation of marriage and
separation of joint property of spouses: Supreme Court of Ukraine Plenum Resolution] № 11 vid
21.12.2007. Visnyk Verkhovnoho Sudu Ukrayiny - A witness to the Ukrainian Supreme Court vid
01.2008. 2008 p., № 1. [in Ukrainian].
10. Kobzyeva, T.A., & Horbatko, Y.O. (2015). Shlyubnyy dohovir yak sposib unyknennya
rozluchenʹ. [Marriage agreement as a way of avoiding divorce]. Porivnialno-analitychne pravo -Comparative analytical law, 1, 69-71. [in Ukrainian].
11. Pro sudovu praktiku rozhliadu tsyvilnykh sprav pro vyznannia pravochyniv nediisnymy:
Postanova Plenumu Verkhovnoho Sudu Ukrayiny [On the judicial practice of reviewing civil cases for
invalidation of transactions: Supreme Court of Ukraine Plenum Resolution] vid 06 Nov 2009 № 9.
Retrieved from https://zakon.rada.gov.ua/laws/show/v0009700-09/card4#History
12. Pro notariat [About the notary: Law of Ukraine] (2019, February 4) Retrieved from
https://zakon.rada.gov.ua/laws/show/3425-12 [in Ukrainian].
13. Tsyvilʹnyy kodeks Ukrayiny [Civil code of Ukraine] (2018, November 23) Retrieved from
http://zakon2.rada.gov.ua/laws/show/435-15 [in Ukrainian].
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It was founded in 1997 under the name "Bulletin of the Vinnytsia State Agricultural Institute". In 2010-2014 he was published under the title “Collection of scientific works of Vinnitsa National Agrarian University”.
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The journal is the successor to the edition ”Collection of Scientific Papers of Vinnytsia National Agrarian University. Series: Economic Sciences. "
