Legal Regulation of a Marriage Contract in Russia: History and Modernity

Abstract

   In order to make sense of the origins of the formation of a modern marriage contract, it is important to understand the historical context of what is happening. Normative legal acts are formed and developed on the basis of historical, judicial practice, on the basis of legal relations taking place in society and respond to them by the emergence and consolidation of relevant norms in the legislation of States. The article considers the history of the appearance and development of the marriage contract, including in connection with the development of Russian statehood, including the modern period; Identify the main steps for improving family legislation; the conditions for the conclusion, amendment and termination of the marriage contract in accordance with the current legislation are provided. There is also a comparison of the functioning of this tool in Russia and European countries. In particular, the European States are distinguished by the wide practice of this institution as a historical phenomenon, long and firmly rooted in legal culture. In the domestic space, it began to be used only with the adoption of the new Family Code at the end of the twentieth century (1995). At the same time, it has not yet received a wide distribution, as well as an unambiguous positive or negative assessment. Nevertheless, we can say that today in the field of marriage and family relations the necessary base has already been accumulated, sufficient to regulate financial and property issues.