| Abstract [eng] |
Possession which was acquired after the marriage is a joint possession of a married couple, except possession which is a personal ownership. We should assume, that shared pieces of married couple‘s possession are equal, despite the name of a person, whose name was used to obtain the possession. This attitude comes from equality of rights principle of a married couple which means that neither from a married couple could be given more rights to a shared possession than other have. Married couple may make a contract of marriage and with collaborative covenant determine a type of juridical treatment, which should be applied for a possession, obtained before and after the marriage. There is an exception – married couple may not change their juridical treatment for their possession. Joint possession of a married couple is controlled, used and disposed with collaborative agreement. We should assume, that a spouse who is making a contract is behaving with other spouse‘s permission. Other conscientious people, who are making a contracts with a married couple, have a right to assume that a contract is being made with both of couple‘s agreement, without inspecting this fact. Shared possession may be managed with one of a married couple, however he must have another‘s authorization. Families possession – is one‘s or both‘s of married couple ownership of families living space and portable goods, essential for families needs. Juridical treatment for a family possession is applied from the moment of marriage. To dispose of family’s possession, there are more strict requirements than dispose of joint possession of a married couple or personal possession. If a married couple have under-age children, disposing of realty which have juridical treatment applied, requires a court order. Considering the origins of obligation, it might be executed from both personal and joint possession. Prosecuting an exaction from one‘s of a married couple‘s possession, if it‘s not enough to cover creditor‘s demands, there may be used it‘s share from a joint possession and obligation will be satisfied. Obligations originating before the marriage may not be satisfied from a joint possession. If a married couple have made a contract of marriage and possession is each other‘s ownership, then they are responsible only for this possession, whereas for collective obligations and obligations of family interests they are responsible solidary. Obligations which are executed from a joint possession of married couple and which are related to shared possession, shared family and property interests, are also solidary married couple‘s obligations. |
