saqarTvelos generaluri prokuratura

marTlmsajuleba, 2008, #3As recommendation, we would like to mention that if the notary attests the marriage agreement, containingprovision of transfer of the real property, it would be desirable that he/she sent the copy of such agreementto the National Agency of Public Registry, where, in the extract, there will be stated the future obligationsand thus the future buyer will be informed on the blemish of the subject of purchase, though, it is of interest,at what extent the mentioned real article will be regarded as legally blemished?Let us consider the following case: the spouses have executed the marriage agreement and decided thatin the event of divorce the wife would receive the country cottage. The spouses divorced. Earlier, thehusband has sold the cottage to X, who is a honest buyer. After divorce the wife claimed to transfer thecottage to her ownership. Actually, the law leaves her the right to claim compensation of losses only.As one of the authors mentions in his work, in many countries there is provided free access to themarriage agreements for the interested persons. The data are public and any person may familiarize himselfwith the content of the agreement. This regulation, primarily, protects the creditors of spouses and it issignificant for relations in the entrepreneurship sphere. 20Russian Family Code provides for the regulation dealing with protection of the creditors’ interests. Thespouse shall inform his/her creditor about execution, modification or termination of his/her marriage agreement.Failure to fulfill this obligation causes responsibility of the spouse, irrespective of the contents of marriageagreement. Consequently, Russian legislation takes care of the interests of creditors and provides themright to claim change of the terms and conditions of the deal or termination thereof, in the event of substantialchange of the circumstances. Marriage agreement, as it is the deal regulating the property relations, for thecreditor of counteragent is really significant for the creditor, as it determines the extent of obligations on thebasis of the agreement made with his/her spouse.Law – this is a formal equality, law – this is universal and necessary form of freedom of social relations;law – this is universal justice. 21 Introduction of the institute of marriage agreements into the civil legislationis one of the civilized, modern and progressive steps of equality and human relations. 22Perhaps one of the most accurate descriptions of the marriage agreement is the following: arbitrarymodel of souses’ behavior upon effectiveness of the agreement in the sphere of property relations.Perhaps, there is part of the society, skeptical towards the marriage agreements, representatives of whichthink that their introduction would cause growth of number of lawsuits between the spouses, that the marriageagreement directs the pair to divorce, rather to creation of the family, though we regard that the marriageagreement would allow for regulation of numerous issues. All pairs, whether already married or intending to getmarried, would be able to select legal property regime, acceptable and reasonable for them. The skeptics willbelieve in this, when the practice of conclusion of the marriage agreements would be introduced.In this article we made attempt to discuss as fully as possible, the comparatively new institute of familylaw, show its significance and strengthen the opinion that the marriage agreements would contribute toresolving of property disagreements between the spouses without litigation, through mutual agreementand, what is most important, select the form of property relations acceptable for them.We regard that it would be positive if Georgia shares experience of the other countries dealing withregistration of the rights created on the basis of marriage agreement and for the purpose of better protectionof the spouses’ rights and obligatory registration of the property rights dealing with the real articles providedfor by marriage agreements will be fully implemented.We regard that the marriage agreements would be adequately appreciated in Georgia civil sphere and thediscussions in the literature would become more versatile and interesting20See: Mentioned work by Damirchieva Makhabat, Dairman Kizi, p. 8521See: Nersesyants V. S., Philosophy of the Law, M., 2001. p. 3522Pchelintseva L.M, Family Law of Russia, M, 2002, p. 20989