Agreements and contracts in the field of family relations: correlation and features of legal regulation

Occupation: Leading researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: The Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 6

Pages

127-135

Abstract

In the article, the author presents the differences between categories “agreement” and “contract”, analyzes their features of application in the field of family relations, criteria are defined for their differences in Civil and Family Law. The author proves the backbone relationship between the grounds for the emergence of agreements, contracts and their content in the field of family relations, determines their essence, concludes that there is a certain “mixture” of these categories in the norms of the Family Code of the Russian Federation. The article substantiates that it is unacceptable to consider “agreement” and “contracts” as identical categories, since this leads not only to their incorrect application in practice in the regulation of family relations, but also does not allow them to be differentiated from contracts used in the field of civil relations. Such a theoretical “gap” leads to the impossibility of a clear distinction between transactions under Family and Civil Law.

Keywords

agreements, contracts, institutions of Civil Law, etymology of agreements, contracts, transactions, marriage contract, agreement on the division of the common property of the spouses, maintenance agreements, the specifics of family contracts, family relationships, civil relations, children, marriage, a family, state, Constitution of the Russian Federation, morality, moral, protection, priority child protection, a responsibility, obligations

Received

15.09.2022

Publication date

30.06.2023

Number of characters

31543

Cite

GOST	Letova N. Agreements and contracts in the field of family relations: correlation and features of legal regulation // Gosudarstvo i pravo – 2023. – Issue 6 C. 127-135 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520025930-4-1 (circulation date: 05.05.2024). DOI: 10.31857/S102694520025930-4
MLA	Letova, Nataliya V "Agreements and contracts in the field of family relations: correlation and features of legal regulation." Gosudarstvo i pravo 6 (2023):127-135. DOI: 10.31857/S102694520025930-4
APA	Letova N. (2023). Agreements and contracts in the field of family relations: correlation and features of legal regulation. Gosudarstvo i pravo (6), pp.127-135 DOI: 10.31857/S102694520025930-4

100 rub.

When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 140

Readers community rating: votes 0

1. Bespalov Yu. F. Commentary on the Family Code of the Russian Federation. M., 2014. P. 232 (in Russ.).

2. Braginsky M.I., Vitryansky V.V. Contractual Law. Book 1. General provisions. M., 2002. P. 27 (in Russ.).

3. Venyalainen M. Mediation and legal assistance in cross-border family disputes // Family and Housing Law. 2014. No. 1. P. 34 (in Russ.).

4. Gongalo B.M., Krasheninnikov P.V. The content of the marriage contract // Family and Housing Law. 2005. No. 4. P. 26 - 30 (in Russ.).

5. Gorodisskaya E. Yu. Features of the legal regulation of the marriage contract // Law. 2010. No. 1. P. 46 - 49 (in Russ.).

6. Grishaev S.P. Article-by-article commentary on the Family Code of the Russian Federation. 2nd ed., reprint and add. // SPS “ConsultantPlus”, 2017 (in Russ.).

7. Grishaev S.P., Svit Yu. P., Bogacheva T.V. Article-by-article commentary on the Civil Code of the Russian Federation. Part two // SPS “ConsultantPlus”, 2021 (in Russ.).

8. Elkina O.S. Marriage contract as a way to ensure the property rights of spouses // Civil Law. 2009. No. 4. P. 42 - 46 (in Russ.).

9. Zagainova S.K. Grounds and directions of introduction of conciliation procedures (mediation) into the practice of the Russian notary // Judge. 2014. No. 7. P. 26 (in Russ.).

10. Zvenigorodskaya N.F. Problems of execution of contracts stipulated by family legislation // Law. 2007. No. 5. P. 80 (in Russ.).

11. Ilyushina M.N. Novelties of legal regulation of ways to protect the rights of participants in the contract of sale of residential real estate in civil legislation // Family and Housing Law. 2016. No. 3. P. 33 (in Russ.).

12. Imansu A.S. Marriage contract as a way to protect the rights of women and children // Notary. 2016. No. 1. P. 16 - 18 (in Russ.).

13. Karpov M.V. On some issues of the application of liability measures in family legal relations // Family and Housing Law. 2013. No. 2. P. 26 (in Russ.).

14. Leist O.E. The essence of law. Problems of theory and Philosophy of Law. M., 2002. P. 153, 155 (in Russ.).

15. Levushkin A.N. Reform of family legislation: improving the structure of the Family Code of the Russian Federation and the legal regulation of individual marital and family relations // Actual problems of Russ. law. 2017. No. 5. P. 31 (in Russ.).

16. Levushkin A.N., Kosenko E.V. Theory of legal form in Family Law // Herald of the Perm University. Legal sciences. 2017. No. 1. P. 74 (in Russ.).

17. Lushnikov A.M. Contracts in the field of family, labor and social security. M., 2014 (in Russ.).

18. Malkin O. Yu. Agreements in the family-legal sphere // Belarusian journal International Law and international relationships. 2008. No. 1. P. 13 - 15 (in Russ.).

19. Narutto S.V. Family as a constitutional value // Actual problems of Russ. law. 2017. No. 5. P. 21, 30 (in Russ.).

20. Nizamieva O.N. Property agreements of spouses in foreign law // Family and Housing Law. 2004. No. 3. P. 25 (in Russ.).

21. Pobedonostsev K.P. Course of Civil Law. Part 2. Family, hereditary and testamentary rights. M., 2003 (in Russ.).

22. Sinelnikova T. Yu. Property relations of spouses as an object of legal regulation // Family and Housing Law. 2007. No. 3. P. 8 - 12 (in Russ.).

23. Smyshlyaeva O.V. Family and the right to its creation in the Russian Federation: family and marriage regulation and constitutional and judicial protection // Russ. Justice. 2017. No. 12 (140). P. 56 (in Russ.).

24. Titarenko E.P. The concept and characteristics of agreements in Family Law // Family and Housing Law. 2005. No. 2. P. 8 (in Russ.).

25. Chashkova S. Yu. The system of contractual obligations in Russian Family Law. M., 2004. P. 125 (in Russ.).

26. Shershenevich G.F. Course of Civil Law. M., 2001 (in Russ.).

27. Co-Parenting in a World of Technology // HG.org Legal Resources. URL: https://www.hg.org/legal-articles/co-parenting-in-a-world-of-technology-58409

28. Glendon M.A. The transformation of Family Law States. Law and Family in the United States and Western Europe. Chicago, 1989. P. 5.