Agreements and contracts in the field of family relations: correlation and features of legal regulation

Abstract

In the article, the author presents the differences between categories “agreement” and “contract”, analyzes their features of application in the field of family relations, criteria are defined for their differences in Civil and Family Law. The author proves the backbone relationship between the grounds for the emergence of agreements, contracts and their content in the field of family relations, determines their essence, concludes that there is a certain “mixture” of these categories in the norms of the Family Code of the Russian Federation. The article substantiates that it is unacceptable to consider “agreement” and “contracts” as identical categories, since this leads not only to their incorrect application in practice in the regulation of family relations, but also does not allow them to be differentiated from contracts used in the field of civil relations. Such a theoretical “gap” leads to the impossibility of a clear distinction between transactions under Family and Civil Law.