Comparative Analysis On Marital Property Contract System Between China And Russia

The relevance of the research topic is primarily due to the fact that family legal relations are one of the fundamental types of social relations.Property relations are also of great importance in any sphere of law enforcement.The marriage contract,being the regulator of the property relations of the spouses,becomes a really important legal institution.The family is an integral cell of society and,as society develops,the legal regulation of family and property relations does not remain unchanged.Depending on the change in the state structure and social system,it is constantly evolving,reflecting reforms and changes in the political and socio-economic sphere.In the sphere of property relations of spouses,a tendency to expand the rights and freedoms of the individual appeared,according to which the law provided spouses with greater freedom in determining their property relations.Spouses may themselves determine the content of their property legal relations by means of an agreement concluded between them.Changes in the economic,ideological,social nature led to huge changes in the family law of China and Russia and required a change in the approach to the legal regulation of property relations of spouses.In practice,there are many disputes and questions regarding the definition of a marriage contract.In this regard,the issue of the legal nature and content of the marriage contract is the subject of debatable scientific research in Chinese and Russian legal doctrine.The paper examines the issue of similarities and differences between the legislative institutions of the marriage contract of the Russian Federation and China.As a result of applying various research methods(historical method,generalization method,empirical method of comparison),it was possible to find not only differences,but also common features between the marriage contracts of the national legislative systems under consideration.The differences are as follows:-state bodies that have the right to register a marriage;-the time between filing an application for marriage and marriage;-the possibility of appealing against the refusal of the civil registry office to register a marriage by persons wishing to marry;-conditions of marriage(marriage age);-Circumstances preventing marriage;-The procedure for declaring the invalidity of marriage.In China,the law on marriage and the family is characterized by simplicity and generality,as is the institution of the marriage contract.In the Russian legislation in the field of regulation of contractual relations between spouses,it needs to be improved due to the existence of certain gaps in the legal regulation of this area,which gives rise to subsequent problems of law enforcement.