Prospects for the Legal Regulation of Property Relations Between Spouses when Concluding a Marriage Contract Using Digital Technologies

Introduction: the paper deals with the study of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family. The possibility of concluding a marriage contract in electronic form is analyzed. The debatable issue of regulating the personal non-property rights of spouses under a marriage contract is also investigated. The purpose of the study is to identify the main directions for the development of the institution of a marriage contract using digital technologies and to determine their impact on the stability of the economy and civil circulation. Methods: the research is based on specific scientific legal techniques – dogmatic, legal-technical, method of interpretation of law, state-legal modeling, comparative law method – that allow for the formation of a scientifically based structure for the legal development of digital technologies in regulating the institution of a marriage contract in the context of international integration. Results: it is proved that 1) the digitalization of the economy affects the regulation of marital and family relations; 2) the marriage contract has a contradictory nature: on the one hand, it helps to strengthen the family; on the other hand, it can also be a factor destabilizing civil circulation. Conclusions: the current family legislation does not contain any direct prohibition on the use of electronic means when concluding family law contracts; therefore, the confirmation of the conditions when signing a marriage contract in electronic form is not only possible but will also speed up and simplify the process of concluding it for spouses (future spouses). If any economic or technological innovations can potentially contribute to strengthening rights and freedoms in the family, as well as strengthening their protection, then it is necessary to consolidate such means of protection at the legislative level, in particular, to allow the possibility of concluding a marriage contract in electronic form.

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Publication Details

Journal
Legal Concept
Published
2024-08-08
DOI
https://doi.org/10.15688/lc.jvolsu.2024.2.4
Citations
5
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
4.14
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article

Prospects for the Legal Regulation of Property Relations Between Spouses when Concluding a Marriage Contract Using Digital Technologies

Denis E. Matytsin, Natalia Kvitsinia
5 citations
Legal Concept
Digital Transformation in Law
4.14
article

Prospects for the Legal Regulation of Property Relations Between Spouses when Concluding a Marriage Contract Using Digital Technologies

Denis E. Matytsin, Natalia Kvitsinia
article en
5 citations

Abstract

Introduction: the paper deals with the study of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family. The possibility of concluding a marriage contract in electronic form is analyzed. The debatable issue of regulating the personal non-property rights of spouses under a marriage contract is also investigated. The purpose of the study is to identify the main directions for the development of the institution of a marriage contract using digital technologies and to determine their impact on the stability of the economy and civil circulation. Methods: the research is based on specific scientific legal techniques – dogmatic, legal-technical, method of interpretation of law, state-legal modeling, comparative law method – that allow for the formation of a scientifically based structure for the legal development of digital technologies in regulating the institution of a marriage contract in the context of international integration. Results: it is proved that 1) the digitalization of the economy affects the regulation of marital and family relations; 2) the marriage contract has a contradictory nature: on the one hand, it helps to strengthen the family; on the other hand, it can also be a factor destabilizing civil circulation. Conclusions: the current family legislation does not contain any direct prohibition on the use of electronic means when concluding family law contracts; therefore, the confirmation of the conditions when signing a marriage contract in electronic form is not only possible but will also speed up and simplify the process of concluding it for spouses (future spouses). If any economic or technological innovations can potentially contribute to strengthening rights and freedoms in the family, as well as strengthening their protection, then it is necessary to consolidate such means of protection at the legislative level, in particular, to allow the possibility of concluding a marriage contract in electronic form.

Legal ConceptVol. 23(2)
Volgograd State University (RU)
Openalex Percentile: Top 5%
Digital Transformation in Law
4.14
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