| Abstract [eng] |
GROUNDS AND PROCEDURE FOR DELIMITATION OF THE SEPARATE AND COMMUNITY PROPERTY OF SPOUSES This Master’s thesis examines the grounds and procedure for delimitation of the separate and community property of spouses, their characteristics, and theoretical and practical problems. The work focuses to a great extent on case law of the Supreme Court of Lithuania regarding this particular subject. Estonia and Latvia have been selected for comparative analysis in order to highlight essential similarities or differences in legal regulations. The first chapter of the thesis explores the concept of the matrimonial property regime; possible models and types of matrimonial property regimes are assessed. An overview of the historical evolution of the matrimonial property regime in Lithuania is provided and its affect on current legal regulation is assessed. The second part of the thesis examines the cases when the need for delimiting the spouses’ personal and community property arises. As a result, the importance of delimitation on the theory and practice of the law and social relationships is demonstrated. The third part of the thesis deals with the statutory matrimonial property regime, examines the essence of the regime, and analyses the grounds for delimitation of the separate and community property of spouses as per Articles 3.87, 3.88, 3.89, 3.90, and 3.91 of the CC while also taking into account the case law of the cassation court. The importance of property registration in a public register (Article 3.88[3] of the CC) for delimiting the matrimonial property is examined, i.e. whether there are grounds for delimitation of the matrimonial property. The fourth part of the thesis focuses on the matrimonial property regime of the matrimonial property agreement. The key question is raised and explored as to whether the spouses concluding the matrimonial property agreement are free to choose the legal regime for the property and to what extent their freedom is restricted by the imperative rules of the law. Finally, the fifth part of the thesis analyses the procedure for delimiting matrimonial property. Characteristics of the delimitation procedure are disclosed through the closely related issue of division of matrimonial property. In addition, the scope of creditors’ rights to the extent related to the delimitation of the matrimonial property is explored. |
