saqarTvelos generaluri prokuratura

doqtoranta forumiconclusion, the decisive significance is given to freedom of expression of the will by the parties, what isclosely related to autonomy of expression of will. E. g. the spouses, by the marriage agreement, may determinethe agreement regime of the property. If they fail to achieve such agreement, the property regime providedfor by the law shall apply.Equality of the participants of the civil legal relations implies equal criteria of emergence, change andtermination of the civil rights, irrespective of material social inequality of their carriers, irrespective of theorganizational-employment relations with one another, as well as equal criteria for civil delinquency. 7The norms regulating the marriage agreements and generally, the family relations, have basicallydispositional nature. As for individual situational regulation, here are considered so called unlimited norms.These are the cases, when the legal norms shall be interpreted on the basis of situational analysis. E. g.in accordance with Section 2 of Article 1179 of the Civil Code of Georgia: the agreement may not provide forsuch conditions, which put one of the spouses into the heavy condition. What is implied under the heavycondition, is thew issue of individual assessment, which should be determined as a result of study ofvarious factors and circumstances.As M. Antakolskaia notes, by strengthening of the dispositional principle in regulation of the family relationstherpossibility of situational regulation from the side of the participants of family relations was widened as well. 8Generally, the marriage agreement is made for unlimited period, though, upon agreement between theparties, its effectiveness may be limited to certain term, e. g. 5 or 10 years.Rights and obligations provided for by the marriage agreement may be limited to certain term or byemergence of one or another condition.Based on the legislation, theoretically, there is possibility that if the marriage agreement was made beforeregistration of marriage, it did not become legally effective at all, or for quite long period of time. For thistime, it continues to exist, but it does not cause any legal outcomes. If the parties register their marriage e. g.after 5 years, for them, the agreement of 5-year age will obtain legal force.In accordance with legislation of Belarus, marriage agreement may be executed only after marriageregistration, at any time. We regard that in practice there will be very rare cases, when execution of themarriage agreement is necessary before marriage registration, as the marriage agreement without registrationcreates no rights and obligations, Article 1173 could be regarded as the least realized regulation.Parties to the marriage agreement are spouses, or persons to be married, or the point of law subject leadsto the condition necessary for marriage. According to the Civil Code, this includes maturity and legalcapacity. A person becomes mature from 18-year age though the law provides for the exception, whenmarriage age is decreased to 16. It is interesting, if a person, who is not mature, decides to make the marriageagreement, whether his/her consent will be enough? It would be reasonable to require consent of theparents or the legal representative. If neither parents and nor legal representatives’ consent is provided, thefinal decision should be made by the court. If the court issues permission on marriage of the under-agedpersons, it would provide adequate legal basis for the marriage agreement. Comments to the Civil Codeprovide the different opinion. The author thinks that if the parents are against marriage of under-aged childand the court issues the permission for marriage, this should not imply that this person has right to make themarriage agreement before registration of marriage. This is possible only when the court expressly providefor this, in its decision. Upon registration of marriage, as it is well known, the under-aged person (spouse)acquires full legal effectiveness and he/she may make marriage agreement indecently.It is interesting, whether the emancipated under-aged person, if he/she decides to get married, has rightto make the marriage agreement? We think that to this question we should give the negative answer. Asemancipation implies unlimited legal effectiveness only in the entrepreneurial relations, in the other spheres,such person, generally, requires the necessary consent of the legal representative.7See «Civil Law:, part I, 2002, editors: A. G. Kalpin and A. I. Maslyaev, p. 23.8See. Antokolskaia M. B., Family Law, 1998, pp. 13-21.86