Marriage contracts in the post-Soviet states: Problem statement and prospects for further implementation.

Autor: Ibratova, Feruza, Esanova, Zamira, Rakhimkulova, Lola
Předmět:
Zdroj: Social & Legal Studios / Socìalʹno-Pravovì Studìï; 2023, Vol. 6 Issue 3, p52-60, 9p
Abstrakt: The relevance of the study is substantiated by the fact that a marriage contract is an extremely convenient tool for regulating property relations of spouses, and in modern realities, it is acquiring a new value, and this, in turn, requires a rethinking of this institution of family law (including theoretical). The purpose of the publication is to comprehensively study the specifics of legal regulation of marriage contracts in post-Soviet states and to identify trends in such regulation. The following methods were used in this study: comparative legal method, analysis method, synthesis method, formallogical method, and systemic-structural method. The article provides a comprehensive analysis of the legal regulation of marriage contracts in the post-Soviet space, which allowed identifying trends in such regulation. The scientific novelty is characterised by the authors’ proposal to distinguish three aspects of the specific features of the regulatory and legal regulation of marriage contracts in the post-Soviet space: the general legislative aspect; the aspect related to the type of family law relations, which include the relations arising from a marriage contract in a particular post-Soviet State; and the specific features of the regulatory and legal regulation of relations arising from a marriage contract. The paper consistently elaborates on the content of each of the proposed aspects. For the first time, the authors of the publication propose to interpret a marriage contract as a family law contract regulated by civil law instruments and provide arguments for such a proposal. Further research is required to define the concept of a “family law contract regulated by civil law instruments”, the specifics of its content, legal nature and features, and the issue of changing the terms of a marriage contract, refusal to perform it, termination, and invalidation of a marriage contract in the post-Soviet states [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index