Prenuptial Agreement and Agreement on the Division of Common Property of Spouses (former Spouses) Through the Prism of Intersectoral Private law Regulation of Property Relations in Russia

Relevance. The most acute problems of modern Russian legislation, theory and law enforcement practice include the inconsistency of private law norms designed to regulate property relations with the participation of subjects of civil and family law – spouses and former spouses, creditors of the debtor spouse and other persons, whose rights and interests may be violated as a result of unscrupulous behavior of a participant in civil turnover, abuse granted contractual freedom. The common joint property of the spouses forms the material basis of the family. The increase in cases of challenging marriage contracts and agreements on the division of marital property in bankruptcy proceedings and especially consumer bankruptcy confirms the need to resolve the issue of coordinating the intersectoral interaction of family law and civil law in the field of property relations of subjects of civil and family law. The purpose of the study is to develop theoretical provisions on the nature of the interaction of the norms of civil and family law governing the property relations of subjects of civil and family law. Objectives: to identify the "pain points" of intersectoral regulation of property relations with the participation of subjects of family law (spouses and former spouses); to propose possible solutions to the problem of regulating property relations with the participation of a debtor spouse (former debtor spouse) and a creditor (creditors). Methodology . In the course of the research, a systematic method, analysis and synthesis, and a formal legal method were applied. The results of the study are theoretical and applied in nature, aimed at improving the quality of legal intersectoral regulation of property relations involving spouses (former spouses). The conclusions reached by the author in the course of the research are of a debatable nature and do not pretend to be the only correct solution to the situation. The article is a continuation of the study of the issues of intersectoral contractual regulation of subjects of family law