The development of the marriage contract in modern Russia (on the example of existing legislative initiatives)

in this scientific article, the author examines in detail the problem of the risk of invalidation of a marriage contract. The position is substantiated, according to which the current reading of one of the grounds for invalidating the marriage contract (the presence in the text of the contract of conditions, the implementation of which puts one of the spouses in an extremely unfavorable position) creates conditions that allow unscrupulous spouses to abuse their rights. The author consistently criticizes one of the latest global legislative initiatives, which proposes, among other things, to adjust the approach to determining the conditions for invalidating a marriage contract, namely, to exclude the very concept of «conditions that put one of the spouses in an extremely unfavorable position» from Russian family legislation as such. According to the researcher, the implementation of the approach demonstrated in the initiative can significantly worsen the stability of the entire institution of the marriage contract, finally transforming it into a tool of manipulation. To substantiate the correctness of his own position, the author refers both to the works of recognized classics of legal doctrine and to the positions of modern practitioners, building an original system of arguments that reveal in detail the profound fallacy (and even danger) of the approach that, unfortunately, a number of domestic lawmakers have been trying to implement in recent years.

property of spouses, marriage contract, invalidity of the contract, legislative initiative