Bagrova N.V. —
Individual acts in the mechanism of legal regulation of spousal property relations
// Law and Politics. – 2019. – ¹ 9.
– P. 1 - 8.
DOI: 10.7256/2454-0706.2019.9.43276
URL: https://en.e-notabene.ru/lamag/article_43276.html
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Abstract: This article examines the individual acts as the means of legal regulation of spousal property relations. Individual regulation, especially in family sphere, is an objective need, since in many cases the character of family relations excludes the possibility of uniform regulation realized through the legal norms. The goal of this research lies in the definition and characteristics of individual acts regulating spousal property relations, their types and functions, as well as substantiation of the role within the mechanism of legal regulation. The scientific novelty consists in the comprehensive approach to consideration of individual acts regulating spousal property relations, agreements, unilateral transactions and court rulings. Despite fundamental differences, such acts also have common attributes: subject of regulation, specific subject composition, and possibility of their implementation only within the framework of provided statues. These acts are also unite by the functions they carry out: harmonization of the interests of spouses, prevention of family conflicts, and support of the traditional family values. The emphasis is made on the prenuptial act, which represents a complex model of property-organizational agreement. The conclusions drawn in the article may be valuable in improving family law and law enforcement practice, both, court and notarial.