| Abstract [eng] |
The master thesis analyses the concept of the common joint ownership right of spouses, property owned by the common joint ownership right, the procedure of management, use and disposal of family assets, legal consequences of transactions conducted in non-compliance of requirements established by the laws. It stresses that the new Civil Code introduced a new concept in the family law – the institution of the pre-nuptial contract what resulted in the establishment of not only statutory but also contractual legal regime of the property of spouses. Therefore the study examines statutory and contractual legal regime of the property of spouses using a comparative method. A wider-scope analysis is conducted with regard to statutory legal regime of the property of spouses, i.e. the legal regime of the common joint ownership of spouses. On the basis of case-law the research work investigates whether the legal regime of the property of spouses is regulated by mandatory or non-mandatory legal norms, whether during the marriage spouses can obtain property under the right of a common joint ownership or whether other forms of ownership are also possible. It was established that during the marriage property obtained using joint funds of spouses is regarded to be a common joint ownership of spouses in case otherwise is provided in a marriage contract. Therefore, statutory legal regime of the property of spouses may not be applied only in case a marriage contract is concluded. A lot of attention is devoted to fundamentals and problems of the dissolution of the common joint ownership of spouses. The analysis of legal norms proved that the list of fundamentals of the dissolution of the common joint ownership of spouses is not finite. Case-law should articulate the latter list more clearly. The work also analyses the influence of the prescription period to the dissolution of the common joint ownership of spouses. |
