Legal encyclopedia. Letter B

MARRIAGE CONTRACT

- the agreement of the persons entering into marriage, or the agreement of the spouses, defining the property rights and duties of the spouses in the marriage and (or) in case of its dissolution.

The appearance in the family law of BD does not mean that all persons are obliged to conclude such a contract upon entering into marriage or during a marriage. The law only grants the future spouses and spouses the right to independently determine in BD their property relationships in marriage, but does not oblige them to do so.

BD's conclusion will allow spouses to avoid disputes, which often arise after the termination of marriage.

BD can be concluded both before the state registration of the conclusion of marriage, and at any time during the marriage.

Subjects BD can only be persons who marry, and spouses. In cases where BD is a person before marriage,

It comes into force only from the moment of marriage. If the marriage is not concluded, the contract is canceled. Thus, the conclusion of BD before entering into marriage can be regarded as a contract with a suspensive condition.

BD can be concluded for a certain period or indefinitely. He can put the emergence of certain legal relationships in dependence on certain circumstances, for example, the birth of children.

BD is in writing and is subject to notarization.

The circle of questions about the property of spouses, which can be resolved in BD, is not limited to the legislation.

In BD, the spouses have the right to change the regime of joint ownership established by law, to establish a regime of joint, shared or separate ownership of all the spouses' property, its separate types or the property of each of the spouses.

The right to change the statutory regime of property both in relation to premarital property and in relation to property acquired in marriage and to determine that the pre-marital property of the spouses or some of its objects will be distributed

The regime of common - joint or shared-ownership, belongs to the spouses themselves. The property acquired by them in marriage can be considered by BD to be in the shared or separate property of the spouses. These provisions can not be applied to all property acquired in marriage, but only to certain types of property. They can be treated as property owned by spouses, and to income and items that will be acquired in the future.

Spouses are also entitled to establish a regime for themselves, combining separate indications of separation and generality. For example, current incomes will be in the common property of spouses, and property used for entrepreneurial activity - in separate.

Spouses have the right to determine in BD family expenses and their rights and responsibilities for their distribution. This provision applies to both current and other expenses, such as training of family members, maintenance or improvement of property owned by both spouses or one of them, etc.

In BD, spouses can provide for the conditions for mutual maintenance.

The order and amount of alimony payments of the spouse for the maintenance of another spouse can be determined in a special agreement on the payment of alimony.

Spouses have the right to determine in BD property that will be transferred to each of them in the event of divorce. Inclusion of such a condition in BD is advisable especially in cases when one of the spouses during the marriage did not have his income, but engaged in housekeeping and childcare and after the dissolution of the marriage may find himself in a difficult situation without a corresponding tangible

Security.

BD can be concluded both in relation to the existing, and in relation to the future property of the spouses.

The rights and obligations provided by BD may be limited to certain terms or be dependent on the offense or on the non-occurrence of certain conditions.

However, BD's freedom is not limited. Restrictions concern personal non-property relations between spouses, their rights towards children. Spouses can not in BD envisage forms of participation in the upbringing of children and in their care, if these forms are not

Are limited to incurring expenses for the upbringing and education of children or other property rights and duties of spouses that may be determined by their agreement.

BD can not limit the legal capacity or capacity of the spouses, their right to apply to court for the protection of their rights; Regulate personal non-property relations between spouses, rights and duties of spouses in relation to children; Provide for provisions limiting the right of the disabled spouse in need to receive maintenance; Contain other conditions that put one of the spouses in an extremely unfavorable position or contradict the basic principles of family law.

BD can be changed or terminated at any time by agreement of the spouses. The agreement on the change or dissolution of BD takes place in the same form as BD himself.

A unilateral refusal to perform BD is not allowed.

In the event of failure to reach the consent of the spouses, BD may be changed or terminated at the request of one of them by the court. Other persons do not

Have the right to make such claims.

From the moment of termination of marriage, the action of BD ceases. In this case, there is no need to dissolve the BD, since most of its conditions automatically cease to operate. Exceptions are the obligations of spouses specifically provided for in BD in the event of divorce, in particular the obligation to divide common property, to provide maintenance to the spouse, etc.

Like any treaty, BD can be recognized by the court as invalid, in whole or in part.

The court may also recognize BD as invalid, wholly or in part, at the request of one of the spouses, if the conditions of the contract place the spouse in an extremely unfavorable position (for example, if the conditions on legal capacity or freedom of expression in violation of the contract were violated). In this case, BD is contested.

Conditions BD, violating the other above requirements, are null.

If some conditions of the prisoner BD are invalid, BD in the rest of the part will retain its effect.