FAMILY CONTRACT AS A GROUND TO CHANGE SPOUSES’ PROPERTY LEGAL REGIME
Preface: the article is devoted to family contracts as a ground of termination of community of property and determination of a moment of creation of real property right of a spouse, to whom it was transferred as a separate property under a relevant contract. Purpose: Use of agreements on determination of shares, marriage contracts and agreements on division of joint property for the purpose of changing of the common real property regime resulted in origination of disputes solved by courts in an ambiguous way in terms of the procedure of their enforcement by the spouses. Methods: The author used general scientific dialectic method of perception, social knowledge and special legal techniques, i.e. historical-legal and comparative legal ones. Results: It is desirable to reflect in examined contracts the fact of possession of a real property object by a spouse who purchases it as a separate property or to specify the procedure of transfer of such property to him/her, as well as obligations of the parties in execution of state registration of transfer of the title in the real property object. For the purpose of unhampered exercising of the authority in law to dispose of the transferred property in transactions with third parties the purchasing spouse should observe the conditions of a relevant organizational family contract, that determine civil procedure laws on acquisition of the property right in property objects introduced into civil turnover in relation to their legal regime. Conclusions: Any marriage contract, agreement on division of joint property of the spouses and agreement on determination of shares in common property of spouses are organizational family contracts by their legal nature. The spouses have the right to change a legal regime of any property acquired during the marriage at their own discretion on the ground of any family contract, the essence of which consists in termination of property community regime of the spouses and validation of common ownership or separate property regime of the spouses. Such contract forms a stand-alone ground for acquisition of the title in property, including real one, that became the subject of the contract. At that the title in property created for a spouse, to whose separate property it was transferred, from the moment of attachment of a relevant contract.