MARRIAGE CONTRACT: LIMITS OF LEGAL REGULATION

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.