For centuries, the problem of defining the concept of “family relationship” has occupied the minds of eminent scientists. Traditionally, family legal relations were considered either as an independent type of legal relations or as a subtype of civil legal relations. Of particular relevance to this issue is the problem designated in legal science as a problem of the independence of family law as a branch of law. Therefore, being a complex practical and theoretical problem, the study of the question of general and specific features of a contractual family relationship should become one of the important areas of legal science, both as a general theory of law and the state, and of individual branch sciences. The use of the financial agreements family law is there now.
A family-law contractual obligation arises from a contract as a transaction, an element of a complex legal fact, and is a family relationship. Inalienable signs of a family law contract as a legal relationship should be considered the relative and strictly personal nature of the relationship between the parties to the contract, which in advance for each type of contract in family law are defined in family law. The contract in the family law regulates both personal non-property and property relations of the subjects of family law.
- A family law contract as a family law contractual obligation includes not only independently existing relative legal relations of family members, but also family rights and obligations, which are included in the more complex in structure of family legal relationship, namely contractual.
- Therefore, a family law contract is a family law relationship arising from the occurrence of the legal facts mentioned in family law, by virtue of which one party is obliged to perform certain actions in favor of the other party, and the latter has the right to demand their fulfillment. In a family-law contractual obligation, the unity of rights and obligations established by law and contract is combined.
Exploring various groups and types of family law contracts, we carried out their classification according to various criteria, but these classifications were narrowly focused, as they were limited to a certain type of family law contractual relationships and did not cover all contracts in family law. An analysis of modern family law allowed her to say “about the already established system of contracts in family law,” to classify contractual obligations according to three criteria and present their system.
The advantage of this classification, of course, is that for the first time in the family law science, the author made an attempt to classify family law contracts already known to all and to build her own system of contractual obligations in family law. The scientific position of the author deserves analysis in order to correctly determine the place of each contract in the proposed classification and find out whether this classification is a system of family-law contractual obligations.