Or – in which shares will belong to them matrimonial assets, as use of the property, etc. More references to the marriage contract in the law was not. So that citizens can use the formula: ‘that is not forbidden – it is permissible’. The contract could be signed at any time (before marriage and during marriage); notarization of the contract also required. What specific conditions may be specified in the marriage contract – is also tackled only the wife. The uncertainty of this situation raises many questions requiring answers at a legislative level.
It was not clear, in particular, can be included in the conditions of the marriage contract issues non-property relations of spouses, raising children, etc. On 01.03.1996, the introduced a new Family Code, the Code replaced the previously existing. There is an entire chapter devoted to the treaty regime of marital property and, accordingly, the marriage contract. Here, firstly, clearly defined itself the notion of such a contract. The marriage contract (DB) is ‘an agreement of the persons entering into a marriage, spouses or agreement which determines property rights and obligations of spouses in marriage and (or) in case of divorce’ (art. 40 SC). Even from definition database clear-it can be concluded before the marriage, and during the marriage (Article 41);-nuptial agreement applies only to property relations;-regulation of property relations over time can be treated as a the period that the spouses in a marriage and upon its dissolution is obvious that the marriage contract, like any other contract, can only be entered voluntarily, by mutual agreement of the parties.
Article 41 of the UK has introduced a number of conditions on conclusion of the database. So, if it was made before the wedding, then come into force until the date of registration of marriage. Noted that the marriage contract is in writing only and must be notarized (signed in presence of a notary). A number of claims filed and the content of the database (Art. 41 LC). They can be altered established the general rule (Art. 256 CC and Art. 34 SC) regime of joint property of spouses. A marriage contract may establish a regime shared ownership as to all the property and its separate species or property of each spouse. In practice, this may have the following meaning: for example, the wife of the businessman fears that their joint property in husband’s bankruptcy may be levied. Then is a database, which says that certain things will only belong to his wife, not her husband. As a result, if the spouse is ‘burned’ by the court’s wife will not be able to take specified items. A positive feature of such a possibility of determining the share of another and in the following: Any dispute can be resolved before its occurrence, but not during the conflict, which often result in feelings prevail over reason and ‘Make crap – the heart of joy. ” The marriage contract can be concluded in respect of existing and the future of property between spouses in a marriage contract may stipulate the rights and duties of the spouses mutual content, and any other matters concerning property relations of spouses. (This property, which in fact is the main difference between ‘our’ type of marriage contracts, for example, the U.S.