О «рождении и взрослении» теории семейно-правового договора

The article analyzes the prerequisites for the maturation of the conceptual foundations of the theory of family law contract. It is noted that, despite the presence of contractual structures in the codified family legal acts of various periods of the evolution of Russian (Soviet) legislation, their systematization, the study of the features that distinguish these agreements from the contracts of classical civics, began to be carried out in the last thirty years. At the same time, the basis for the development of this theory and the implementation of its applied results was created back in the middle of the twentieth century, when the doctrine consistently and convincingly formulated the prerequisites of sovereign family law and the specific properties of family legal relations that distinguish them from civil law relations. The main characteristics of the family law contract structure, its species diversity are proposed, lacunae and errors in the legal regulation of individual agreements are identified, hypotheses about the legal nature of some of them are expressed. The key functions of family law contracts are considered. Among the doctrinal sources, the works of O. N. Nizamieva, her contribution to the formation and development of the theory of family law contract, as well as to the improvement of individual contractual structures with a family element, including those of a mixed and borderline nature, are highlighted.