Debatable Issues of the Contractual Regulation of Property Relations under the Marriage Agreement

Abstract

The article focuses on the research of issues of contractual regulation of property relations under the marriage contract. The author criticizes the general comparative approach to the regulation of property status of individuals in the USSR, the simplified imperative regulation of property relations, when property acquired by spouses in marriage belonged to them only on the right of common property, and in case of divorce the property was subject to the division between the former spouses in equal shares. The status and prospects of the development of the institution of marriage contract in Ukraine are reviewed separately. The article deals with the investigation of legal nature, the peculiarities of the subjects, the content of the marriage contract. Attention is focused on solving such controversial issue as the inability of the conclusion of marriage contract by a representative of spouses.