Limits of Freedom of Contract when Concluding an Agreement on the Division of Property and/or Establishing a Contractual Regime for Joint Property of Spouses

The principle of freedom of contract is the basis of the institution of contractual obligations. The independence of the parties in resolving the issue of the need to conclude an agreement and forming its terms is an integral part of the process of the parties exercising their rights. No freedom is unlimited, the limits of the exercise of civil rights are established for various reasons: protection of the interests of the parties to the transaction, protection of the interests of third parties, stability of civil turnover, inadmissibility of profi ting from abuse of rights, public interest and others. A marriage contract and an agreement on the division of property are transactions and are regulated by family and civil law. Personal, trusting family relationships coexist with the rules of law, this is the dualism of the agreements under consideration, and taking this feature into account, the legislator has created restrictions, the observance of which is mandatory when concluding them.