The contractual relationship between the spouses on family issues in Germany

Nabiullina Victoria Romanovna

The article presents a comparative analysis of the German contracts of spouses, the possibility of which is provided within the family law. Attention is focused on the similarities and distinctive features of the marriage contract, the agreement of divorce and the agreement of separation of the spouses. These contracts are usually concluded in different stages of life of the spouses, which determines the choice of the type and content of the contract. The functional purpose of contracts is determined by the main purpose of their conclusion. The freedom of these contracts is limited by judicial control over their content and execution. In conclusion, the author comes to the conclusion that there are no contracts in "pure" form, each of the contracts may contain elements of another type of contract. Consideration of these agreements may be useful for Russian law enforcement practice. When writing the article, comparative, logical methods of scientific analysis were used

Keywords:Marriage contract, divorce agreement, agreement on separation of spouses, freedom of contract, German Civil Code, family law