Open AccessOn the History of the Marriage Contract in Domestic and Foreign Legislation
Author(s) -
Angelina V. Lapaeva
Publication year - 2021
Publication title -
pravo: istoriâ i sovremennostʹ
Language(s) - English
Resource type - Journals
ISSN - 2588-0012
DOI - 10.17277/pravo.2021.04.pp.030-037
Subject(s) - legislator , legislation , law , freedom of contract , discretion , exclusion clause , political science , institution , severability , business , law and economics , contract management , economics , privity of contract , marketing
The genesis of the marriage contract in domestic and foreign legislation is studied. The main stages of the emergence and development of the marriage contract in various countries are outlined. A parallel is drawn between national and international family law in historical retrospect. The article analyzes the procedure and conditions for concluding a marriage contract in various countries. It is proved that the marriage contract is the optimal tool in protecting the property rights and interests of married persons. It is established that the marriage contract is not new for Russian law; it has a fairly long, centuries-old history. According to the evidence of preserved legal documents, until 1917, the marriage contract was a familiar and convenient legal instrument for protecting the rights and legitimate interests of spouses. In modern Russian law, the legislator tried to take into account not only the peculiarities of the historical formation of the institution of the marriage contract in Russia, but also the experience of foreign legislation, giving the spouses the right to establish the regime of marital property at their discretion.