Vedybų sutarties vieta sutarčių sistemoje

Abstract

Upon entering into force of the new Civil Code of Lithuania one could think of a completely new model of regulation of the family relationship. The new tendency was first of all reflected in the incorporation of the Family Law as an integral part into the system of Civil Law. This resulted in significant liberalization of regulation, minimizing of strict state control, especially in the sphere of marital property relationship. The consorts for the first time were granted the right to determine by means of marriage contract their property status, regulate the management of property during the marriage and the division of it upon divorce or separation as well as specify the peculiarities financial support and alimony duties. Marriage contract by its nature could be described as the kind of civil bargains. Nonetheless its specific features do not allow to completely unify it with other civil contracts, as the latter are mainly of commercial character. In order to introduce a more precise vision of the nature and particularities of the marriage contract the article analyzes several questions:
1. Persons, eligible to enter a marriage contract. It is important to consider whether general contractual capacity is applicable in this respect. Should the capacity to contract a marriage be a precondition for allowing to enter a marriage contract? This particularly concerns minors and persons under care or guardianship.
2. Scope of application of the principle of contractual liberty to the marriage contract.
3. Should any restrictions be imposed as to the liberty of concluding of premarital agreements at any time before marriage?
4. Entering into force of the marriage agreement and its possible retroactive effect.
5. Means and procedure for altering, termination of the marriage contract and the grounds for proclaiming it null and void.
6. Questions of civil liability for breach of the marriage contract.
The article also reveals the differences between marriage contract and other similar agreements, like separation or divorce agreements. The author makes some proposals as to the improvement of legal regulation of the abovementioned questions on the basis of comparative analysis and his own interpretation of the law.