| Abstract [eng] |
Family Patrimony and Its Legal Status The family patrimony institution is relatively new in Lithuanian civil law. It came into effect on the 1st of July 2001 when the new Civil Code was introduced. The instititution was introduced for one main reason – the protection of the rights and interests of minors and the weaker (in an economic sense) spouse. The family patrimony is composed of the residence of the family or the rights which confer use of them, the movable property which they are furnished with and the items that serve for the use of the household and are owned by one or both of the spouses. Since the family patrimony has a protective purpose and the property it constitutes is a material guarantee of the family well-being, special rules apply to the disposal of family patrimony. Without the consent of the other spouse, a spouse cannot dispose of, mortgage, rent or otherwise restrict the right to use a movable item. In the case of immovable property a written consent from the other spouse is necessary. If the spouses live in a rented property the spouse who signed the lease cannot without written consent of the other spouse terminate the lease, sublease the property or transfer the rights under the lease. In cases where spouses have children who are under-age, in order to be able to perform transactions related to the family residence it is obligatory to obtain a court order. A spouse who did not give his or her consent to perform certain transactions can either endorse it or request for it to be annulled. The application of specific rules of family patrimony terminates when the spouses are divorced, the marriage is annulled, one of the spouses die or a court confirms separation from bed and board. When the spouses have under-aged children those specific rules are applied until they come of age. Once compared to the analogous institutes of other countries it is obvious that they are relatively different. In the Civil Code of the Quebec province of Canada the institute is regulated in much more detail, family patrimony is formed of many more items and the institute is extensively used in practice. The same institute in the Civil Code of France is completely different, it is not regulated in such detail and the family patrimony is only formed of the family residence and furniture. In my opinion, the Lithuanian system of regulating family patrimony is somewhere between the way it is regulated in Canada and France. |
