Marriage contract

Marriage contract

 

Marriage contract represents an agreement between a man and a woman linked to the establishment and existence of marriage between them and directed to settle their property relations during the marriage and in the event of its termination.

In European legal theory marriage contract is defined as agreement aimed at selecting prilozhilmiya in relations between the parties imushtestvenobrachen regime and to settle property relations between spouses. Swiss doctrine sees marriage contract agreement concerning the effects of marriage in terms of property of each spouse. It points out that with this agreement the parties determined imushtestvenobrachniya regime, which governed relations during the duration of the marriage bond.

With the marriage contract shall be settled in principle only matrimonial relations. Can not regulate property relations between spouses and others / eg., With present or future children, parents, other relatives or third parties without bond FAMILY /. The provision allows the parties to the marriage contract to arrange issues related to the maintenance of the children during the marriage and in the event of any termination by divorce or of its nullity.

In contractual imushtestvenobrachen regime under SC countries have the opportunity with a marriage contract to model in accordance with any current interest specific regulation of their property relations, but not immaterial, as stipulate specific rights from them regarding a property that is acquired during the marriage rights held by them prenuptial property, rights and obligations in connection with the management, use and disposal of these assets, incl. Family home, featuring all costs and liabilities.

A marriage contract can be concluded only two categories of persons:

-vstapvashti married persons and

- Spouses during marriage

When the marriage contract is concluded before the wedding, it will have legal effect from the time of marriage and, when concluded during braka- the day of conclusion of the contract or any other date determined by him.