METAMORPHOSES OF THE PRINCIPLE OF FREEDOM OF THE CONTRACT IN FAMILY LAW

Abstract

together with special norms on the maternity capital directed to acquisition of the real estate, rules of the civil legislation on the real rights, the general property (share and joint) and also rules of the principle of freedom of the contract are involved. The author researches situations of the simplified approach to interpretation of the principle of freedom of the contract in family law when determining shares in the acquired real estate. The conclusion is drawn that in family law differentiation of limits of contractual freedom for the participants of the property relations with the different status has to be most considered. Limits of freedom of the contract are narrower for subjects of family law than for the most of subjects of civil law.