THE EVOLUTION OF THE MARRIAGE CONTRACT IN THE CONTEXT OF THE RECODIFICATION OF THE CIVIL LEGISLATION OF UKRAINE

Abstract

Objective: to conduct a comparative analysis of the provisions of the current Family Code of Ukraine with the draft Law of Ukraine “On Amendments to the Civil Code of Ukraine in Connection with the Update (Recodification) of Family Law Provisions,” to perform a critical analysis, and to identify the main changes. Research methods: the comparative legal method was used to compare the provisions of the current Family Code of Ukraine with those of the draft Law of Ukraine “On Amendments to the Civil Code of Ukraine in Connection with the Recodification of Family Law,” which made it possible to identify key differences and innovations in legal regulation. The formal-legal method was used to analyze the content of legal norms, their structure, legal drafting techniques, and the specifics of their wording. Using the systemic-structural method, the interrelationships between the norms of family and civil legislation were examined, as well as the place of the proposed changes within the general legal system. The legal modeling method allowed for an assessment of the potential consequences of implementing the proposed changes and their impact on legal practice. In addition, an analytical method was applied to evaluate the feasibility and effectiveness of the proposed legislative changes and to identify their advantages and disadvantages. Results: a comparative analysis was conducted of the provisions of current Ukrainian legislation governing the institution of the prenuptial agreement with the provisions of the draft Law of Ukraine “On Amendments to the Civil Code of Ukraine in Connection with the Update (Recodification) of Family Law Provisions.” The main changes proposed by the draft law were examined, in particular regarding the parties entitled to enter into a marriage contract, the content and limitations of its terms, the legal regime of marital property, as well as the procedure for amending, terminating, and dissolving the contract. The article analyzes the new provisions regarding the regulation of the legal regime of the family home, the clarification of rules concerning property acquired after the conclusion of the agreement, as well as the introduction of the possibility of terminating a marriage contract by mutual consent of the parties without judicial intervention. It is determined that the proposed changes are aimed at expanding the principle of freedom of contract in the property relations of spouses while simultaneously preserving mechanisms to protect the interests of children and the family home. It is concluded that the recodification of family law provisions contributes to the systematization and modernization of the legal regulation of the institution of the marriage contract, ensuring a more flexible regulation of property relations between spouses and the harmonization of family and civil law. Discussion: a comparative analysis of the provisions of the current Family Code of Ukraine and the draft recodification reveals a shift in the conceptual approach to the regulation of family relations, particularly their integration into the civil law system. The proposed amendments expand the discretionary nature of legal regulation and the autonomy of the parties, which aligns with contemporary trends; however, this simultaneously creates risks of ambiguous interpretation and complicates the application of the law. In this regard, the draft requires further refinement to ensure a balance between regulatory flexibility and an adequate level of protection for the rights of parties to family relations.