За противоречието на някои уговорки в брачния договор с принципа за равенство на съпрузите
Conflicts of some stipulations in the marriage contract with the principle of equality of the spouses

Summary/Abstract: The article aims to reveal the place and role of the principle of equality of the spouses as a kind of limit to the freedom of the parties to regulate their property relations. The Marriage contract is considered as a special contract of the Family law but not as a deal be- longing to the Law of obligations. The affiliation of the Marriage contract to the Family law justifies the main thesis that in assessing validity of its content, priority should be given to the Family law principles, if they are in conflict with the Civil law principle of freedom of contract. It is pointed out that the contents of the Marriage contract must be balanced and should not create conditions for inequality between spouses. The author supports understanding that arrangements in the marriage contract, which violate the principle of equality of spouses, are null and void.

• Details
• Contents