Establishment and Development of the Agreements Institution in Family Law
Introduction. Russian national legislation aims to strengthen and protect the institution of the family by the state, which should ensure the stability of family relations. This can be achieved through the mechanism for implementing of the family law institution agreements. To improve this it is necessary to take into account the history of the formation and development of this institution. Purpose. The purpose of the work is to substantiate the need to expand the dispositive principle in family law by introducing general norms in the Family Code about the right to conclude agreements that do not contradict the main principles of family law. The study of the history of the formation and development of the agreements institution contributes to the achievement of the goal. Methodology. The work uses dialectical and historical methods of cognition, the method of comparative analysis. Results. Analyzing the formation and development of the family law agreements institution we come to the conclusion about the main discussion in science: the relationship of “agreement” with related categories used in other laws and the availability of industry features in agreements. The resolution of these issues also determines the legal regulation of the institution of agreements. Conclusion. The authors of the work recognize the existence of industry features in agreements, which distinguishes the agreement from related legal categories. The institution of agreements requires independent legal regulation. The number of agreements specified in the Family Code should be increased. It is also necessary to include in the Family Code general norms on the ability of family members to conclude any agreements that are not named in the Family Code, but do not contradict the main principles of family legislation.