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marTlmsajuleba, 2008, #3Persons in the actual marriage may not be the parties to the marriage agreement. If they execute suchagreement and later they register the marriage with the body of registration of the civil acts, the agreementwill acquire the legal force only after such registration.Thus, the subjects of the marriage agreement are the spouses and the persons, who intend to getmarried. In the law literature there are stated different opinions, whether it is acceptable to make marriageagreement based on the power of attorney. S. Bondov thinks that execution of the marriage agreementthrough the attorney, if the power of attorney is executed adequately, containing key terms and conditionsof the marriage agreement, is fully acceptable, regarding the property nature of the deal. 9We share the opinion of the number of authors, stating that the marriage agreement is an agreement ofprivate nature and it should not be executed by lawful representative or attorney of a spouse. 10Co-authors – Muratova – Tarsamaeva regard that the specific nature of the family relations is theirpersonal nature and it is impossible to transfer the family rights and obligations. Therefore, the marriageagreement should not be made on the basis of the power of attorney. 11Marriage is the most typical way of creation of the family legal relations. Marriage is followed by creationof a family. In legal relations, the marriage has the significance of the juridical fact with complicated complexnature. One of the elements of the composition of legal fact is registration of marriage. 12In accordance with Georgian Civil Code, the marriage agreement may be executed at any time, both, beforeand after registration of marriage, though, the legislator makes a proviso, which is absolutely reasonable: amarriage agreement executed before registration of marriage shall enter into force from the date of registration.Thus, for execution of the agreement marriage is required; implying registered marriage. As for the actualrelations (without registration) they lack the opportunity of making the marriage agreement. We can not agreewith M. Antakolskaia, who thinks that as the civil legislation does not know the full list of the agreements, theactual spouses may make the agreement directed to regulation of the property relations as well. “If suchagreements comply with the law, than they could be regarded as legally correct. By similarity of law, theregulations on the marriage agreements could be categorized as such. Though, it is necessary to bear in mindrequirement of the Code stating that the joint property emerge by virtue of law and may not be created on thebasis of the agreement. Consequently, the actual spouses may not establish co-ownership of the property,acquired during the actual marriage, though, taking into consideration dramatic growth of the number of actualmarriages, it would be quite reasonable to allow the actual spouses to make the marriage agreements”. 13Modification and termination of the marriage agreement is provided just in the same way as its execution– in written, with necessary notarization.Written form of the marriage agreement is required by the legislations of European countries as well. InFrance, it is necessary to notarize the marriage agreement, in Italy it shall be registered with local governmentalbody in charge of registration of real property. 14 Here we should mention an issue of great significance,dealing with the relation between the owner of real property specified in the marriage agreement and recordsin the public registry - collision between the family law and material law regulations. With respect of theabove, current court practice is of interest.Great Department of the Supreme Court, by the decision of 9 th December 2002, deemed that regarding theinterests of the acquirer, the property rights of the spouses on the real property specified in Article 1158 ofGeorgian Civil Code, acquired jointly, is created only upon registration of both of them in the public registry,otherwise, the records of the public registry, with respect of the third parties shall be deemed correct 159See: Bondov S. N., Marriage Agreement, 2001, p. 58.10See: Chikvashvili Shalva, Family Law, Tbilisi, 2000, p.143.11See Muratova S. A., Tarsamaeva N. Yu., work specified above, p.93.12See: Vorozheikin, Legal Principles of the Marriage and Family, 1969, p. 18.13See. Antokolskaia M. B., Family Law, 2002, pp. 158-159.14See: Damirchieva Makhabat, Dairman Kizi, Marriage Agreement, 2003, p. 85.15Decisions of the Supreme Court of Georgia, on the Civil, Entrepreneur and Bankruptcy Cases, #2, 2005, p.35 I refer to:Eka Zarnadze “Some Peculiarities of Resolution of the Disputes on Management and Disposal of the Real PropertyAcquired jointly, in the period of marriage”. Magazine “Overview of Georgian Law”, #10, 2007, pp. 120-124.87