The Ability to Conclude a Marriage Contract with a Help of a Representative

The active development of civil circulation leads to the emergence of new ways of regulating public relations. Family law is no exception. First the Civil Code of the Russian Federation and then the Family Code of the Russian Federation have given spouses and persons entering into marriage the right to settle property relations through a marriage contract. To date, there has been a noticeable increase in the number of contracts concluded. However, there are a number of reasons that hinder its popularization. Firstly, there is a negative attitude of society which believes that there is no place for contractual regulation in family relations. Secondly, there is an outdated legislation with unresolved basic questions about the nature of a marriage contract and the subjects. A separate issue that most scientists avoid is the possibility of concluding a marriage contract by proxy. To answer the question about the possibility or impossibility of such a procedure, it is necessary to determine the nature of a marriage contract. There are 3 approaches in the literature: civil, family and mixed. It seems that the marriage agreement is a kind of a civil contract, due to which the rules on representation apply. For a comprehensive analysis of the possibility of concluding a marriage contract, the legislation of the former USSR countries (Ukraine, Belarus, Kazakhstan, Latvia) and progressive European countries (France, Germany) was also studied. Fraternal countries clearly have a negative attitude to the possibility of regulating the property relations of spouses and persons entering into marriage in a contractual manner, through the granting of powers to a person. In France and Germany, the question is different. French legislation explicitly states that such a procedure is permissible, while German regulation does not directly address the possibility of using voluntary representation. However, in the German literature, it is a common view that it is possible to conclude an agreement through a representative. Given the strong influence of progressive European countries on the legislation of other states, it seems necessary to introduce a norm in the FC of the RF that allows voluntary representation for the conclusion of a marriage contract.