MARRIAGE CONTRACT: LIMITS OF LEGAL REGULATION

The thesis analyzes the legal nature and specific aspects of the marriage contract in Ukraine in the context of its application to regulate property relations between spouses, as well as the existing legal limitations. It is emphasized that, unlike European legislation, national requirements for the content of a marriage contract in Ukraine are more stringent, which, to some extent, restricts the parties' ability to regulate family relations through such an instrument. Particular attention is given to the legal provisions that the parties may include in the agreement, especially to protect the rights and interests of the economically or socially weaker party. The analysis highlights guarantee of minimum child support and the prohibition of property alienation subject to state registration through a marriage contract. Furthermore, the paper examines legal limitations on the validity of such agreements, including the inadmissibility of provisions that place one party in a significantly disadvantaged financial position or use the contract as a tool for property seizure. Judicial practice supporting these restrictions is also discussed, emphasizing the importance of a balanced application of the principle of contractual freedom in protecting the rights of parties entering into a marriage contract.

Authors

Institutions

Publication Details

Journal
Scientific and Practical Journal "Materials of Scientific Conferences of the Petro Mohyla Black Sea National University"
Published
2025-05-22
DOI
https://doi.org/10.34132/mspc2025.01.11.19
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

MARRIAGE CONTRACT: LIMITS OF LEGAL REGULATION

Dmytro Sichko
Scientific and Practical Journal "Materials of Scientific Conferences of the Petro Mohyla Black Sea National University"
European and International Contract Law
article

MARRIAGE CONTRACT: LIMITS OF LEGAL REGULATION

Dmytro Sichko
article en

Abstract

The thesis analyzes the legal nature and specific aspects of the marriage contract in Ukraine in the context of its application to regulate property relations between spouses, as well as the existing legal limitations. It is emphasized that, unlike European legislation, national requirements for the content of a marriage contract in Ukraine are more stringent, which, to some extent, restricts the parties' ability to regulate family relations through such an instrument. Particular attention is given to the legal provisions that the parties may include in the agreement, especially to protect the rights and interests of the economically or socially weaker party. The analysis highlights guarantee of minimum child support and the prohibition of property alienation subject to state registration through a marriage contract. Furthermore, the paper examines legal limitations on the validity of such agreements, including the inadmissibility of provisions that place one party in a significantly disadvantaged financial position or use the contract as a tool for property seizure. Judicial practice supporting these restrictions is also discussed, emphasizing the importance of a balanced application of the principle of contractual freedom in protecting the rights of parties entering into a marriage contract.

Scientific and Practical Journal "Materials of Scientific Conferences of the Petro Mohyla Black Sea National University"
Petro Mohyla Black Sea National University (UA)
Openalex Percentile: Top 64%
European and International Contract Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

MARRIAGE CONTRACT: LIMITS OF LEGAL REGULATION — Dmytro Sichko · Scientific and Practical Journal "Materials of Scientific Conferences of the Petro Mohyla Black Sea National University" (2025) | TGRS Research Map | TGRS