CONTRACTUAL REGULATION OF FAMILY RELATIONS IN THE DRAFT CIVIL CODE (PRIVATE LAW CODE) OF UKRAINE: A CRITICAL ANALYSIS OF NOVELLAS

Abstract

The article is devoted to a comprehensive study of the conceptual foundations and specific regulatory provisions of the Draft Civil Code of Ukraine (Code of Private Law) No. 14394 regarding the regulation of family contracts. The relevance of the study is driven by the large-scale recodification of private law, which entails the integration of family legislation into the structure of the Civil Code. The author conducts a systemic analysis of the transition from the subsidiary application of civil law norms to the full incorporation of family law, necessitating are-evaluation of the balance between the principle of freedom of contract and mandatory requirements for protecting the interests of vulnerable family members. The work critically evaluates the implementation of the "best interests of the child" principle as a cornerstone of contractual regulation. The author identifies a legal vacuum in Art. 1476 of the Draft Civil Code, where the notary is absent from the list of entities obliged to comply with this principle. It is proven that without imposing an obligation on the notary to verify the compliance of contract terms with the best interests of the child, this norm will remain declarative.The article substantiates the need to develop a clear mechanism for implementing this duty, including a procedure for taking the child’s opinion into account. Particular attention is paid to the analysis of new contractual frameworks, notably the agreement on the legal consequences of divorce. The author criticizes the time limits established in Art. 1515 of the Draft for concluding such an agreement, arguing for the expediency of granting former spouses the right to regulate their relations at any time after the termination of the marriage. The study also examines the "basic regime of spousal property" innovation (family housing and household items). Risks associated with the lack of a state registration mechanism for such object status are identified, potentially leading to the destabilization of civil turnover and mass violations of the rights of bona fide purchasers. In the conclusions, it is emphasized that the Draft Civil Code has maintained a fragmented approach to the regulation of family contracts, failing to provide general provisions on their conclusion, performance, and liability. The author proposes specific drafting amendments to Art. 1476 and other norms of the Draft to increase the level of legal certainty and the protection of family relation participants within the context of the updated private law architecture.