Abuse of rights in cases of property agreements between spouses

Abstract

The article deals with problem of abuse of rights by family members. At the same time spouses make a marital property agreement the terms of which infringe the property interests of their creditors. The article presents some materials concerning recent juridical practice on cases in which creditors invalidates such agreements. It is noted that judicial practice is not uniform. The author considers theoretical approaches of abuse of a subjective right. In conclusion, the author proposes to identify these agreements as an abuse of law and abuse of freedom to contract.