Prohibitions in the Regulation of Marriage Contracts

V.D. Batashvili Prohibitions in the regulation of marriage contracts This graduate paper is aimed at research of the legal nature and basic features of the marriage contract, the restrictions in the marriage contract, established by the legislator, as well as possible ways of their avoidance. The main objectives of the paper are: a) studying the subject of the marriage contract, the concept of the property regime; b) observing the differences between the contractual and legal regime of property; c) classification of types of restrictions in the regulation of marriage contracts, their main characteristics; d) analysis of the features of the subject and restrictions of the marriage contract in foreign countries; e) identification of possible ways of avoiding restrictions in the regulation of marriage contracts. The paper consists of an introduction, three chapters, nine paragraphs, a conclusion and a bibliography. Based on this research the following conclusions were made: firstly, spouses have the right to establish shared, separate, as well as joint regime of joint ownership in the marriage contract. Secondly, in the subject of the marriage contract, in addition to the property relationship, there may be liability relations related to property and transactions under the condition. Such conditions perform stimulating and preventive functions in family relationships. Thirdly, all restrictions may be divided into substantive and procedural restrictions. Fourthly, in foreign countries it is possible to include conditions for personal non-property relations, alimony regulations in marriage contracts. Fifthly, transactions under conditions are one of the main ways to overcome such prohibitions. Proper formulation of conditions in the contract will help to resolve personal non-property relations without violating family law. Academic Supervisor: Inna Peshina, Senior Lecturer, Faculty of Law, National Research University “The Higher School of Economics”