Matytsin D.E., Kvitsinia N.V. Prospects for the Legal Regulation of Property Relations Between Spouses when Concluding a Marriage Contract Using Digital Technologies
DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.4
Denis E. Matytsin, Doctor of Sciences (Jurisprudence), Candidate of Sciences (Economics), Professor, Department of Civil and Private International Law, Volgograd State University (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4038-4032
Natalia V. Kvitsinia, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Private International Law (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-6538-9796
Introduction: the paper deals with the study of the content of the conditions for concluding a marriage contract as an effective tool for resolving property disputes in the family. The possibility of concluding a marriage contract in electronic form is analyzed. The debatable issue of regulating the personal non-property rights of spouses under a marriage contract is also investigated. The purpose of the study is to identify the main directions for the development of the institution of a marriage contract using digital technologies and to determine their impact on the stability of the economy and civil circulation. Methods: the research is based on specific scientific legal techniques – dogmatic, legal-technical, method of interpretation of law, state-legal modeling, comparative law method – that allow for the formation of a scientifically based structure for the legal development of digital technologies in regulating the institution of a marriage contract in the context of international integration. Results: it is proved that 1) the digitalization of the economy affects the regulation of marital and family relations; 2) the marriage contract has a contradictory nature: on the one hand, it helps to strengthen the family; on the other hand, it can also be a factor destabilizing civil circulation. Conclusions: the current family legislation does not contain any direct prohibition on the use of electronic means when concluding family law contracts; therefore, the confirmation of the conditions when signing a marriage contract in electronic form is not only possible but will also speed up and simplify the process of concluding it for spouses (future spouses). If any economic or technological innovations can potentially contribute to strengthening rights and freedoms in the family, as well as strengthening their protection, then it is necessary to consolidate such means of protection at the legislative level, in particular, to allow the possibility of concluding a marriage contract in electronic form.
Key words: digital economy, marriage contract, family legislation, electronic form of contract, marital property, family relations.
Citation. Matytsin D.E., Kvitsinia N.V. Prospects for the Legal Regulation of Property Relations Between Spouses when Concluding a Marriage Contract Using Digital Technologies. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 2, pp. 34-41. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.4
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