The marriage contract and its contents. Elements of the marriage contract.
The marriage contract can be fully attributed totreaty law. As an agreement between two parties, and in particular spouses, it can be executed at any period of the marriage, in addition, from the day of registration of the marriage union. Accordingly, it will come into force from the moment of such registration. The terms of the marriage agreement are not shown by something unusual, all within the norms of contractual relations. An essential condition of the marriage agreement is the written form of the contract, notarially certified. Change and dissolution of the marriage contract can be at any time by agreement of the entities that have signed the contract with their signatures. In addition, the agreement to amend the main contract is also carried out, as the marriage agreement itself.
The content of the agreement spouses have a fullthe right to write down what things are the property of a joint assignment, besides what property is shared and divided. Any of these decisions can be made with respect to the whole property, or separately. In addition, it is possible to divide precisely so and things that are available at a given time, or which may arise in the future. Spouses, recognizing that the property is the property of a joint assignment, thereby establish that the disposal of this property is carried out jointly. If the spouses establish share ownership of the property, then from this and there are certain opportunities: the results of labor and income from the use of property, which is in the shared property of the spouses, is distributed evenly by the size of the shares of each of the subjects of law.
In addition, proportions areexpenditure transactions for the maintenance of property, since the spouse has a pre-emptive right to acquire a share. In the agreement under consideration, it is possible to clearly identify and define their obligations and powers in each other's content, the mutual order of expenditure distribution, the methods of participation of spouses in each other's profits, the procedure for each of them to bear the cost of the family. In addition, the marriage contract is valuable precisely because the spouses can determine that property, which they will use in an individual order. This is the approximate content of the contract.
Also, there are provisions that can notbe fixed in the marriage contract in accordance with the procedure established by law. Thus, the law prohibits restricting the legal capacity and capacity of the spouses to an agreement. The agreement prohibits indicating the inadmissibility of one of the parties to work or accept an inheritance. In addition, it is prohibited in the contract to waive the power to appeal to the judicial authorities for the protection of their rights and freedoms.
It is established by the Family Code that the agreement is notis the regulator of non-property relations of spouses of a personal nature. To such relations it is possible to carry the relations which have no the material maintenance, for example, a choice of a surname or a place of registration of the marriage union, definition of a residence and other rights.
The marriage contract in modern societybecomes more important. Many people say that the terms of the marriage contract - this is greed, existing between the spouses. Nevertheless, the discussion of the property issue, both at the time of marriage and during the course of the transaction, is a guarantee of peaceful relations in the event of divorce. The marriage contract is subject to termination under the general rules of the contract law. For its dissolution, the consent of both spouses is necessary. It should be noted that it is impossible to refuse unilaterally this type of agreement.