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: 20.03.2025). 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

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