| Abstract [eng] |
SUMMARY This master‘s degree work is an analysis of the institution of family assets and their legal status. One of the new features established by the Civil Code of 1 July 2001 was the institution of family assets. This was done in response to international commitments undertaken by the Republic of Lithuania in the area of protection of the rights and lawful interests of children. The purpose of the institution of family assets is to protect the rights and lawful interests of children and the economically-weaker spouse. However, the interests of the economically-weaker spouse are defended only to the extent that such defence helps to protect the interests of the children who remain with the spouse after the dissolution of the marriage. The concept of family assets, its composition, the legal status of family assets, and the means by which they are created is analysed in the work. Problems arising from the right of marriage partners to control and use assets are discussed. Cases associated with family assets, the placing of limits on their disposition and use, and court permissions as a form of control in defence of the rights and lawful interests of children and the economically-weaker spouse are analysed. Problems arising from court protection of family assets, the conclusion of legal oversight of family assets, and distribution of family assets are discussed. Suggestions for improvement of the institution of family assets and its application to the regulation of property relations between present or former marriage partners are presented. After analyzing the Civil and Family Codes of Germany, the Russian Federation, and Holland, norms regulating what is called “family assets” in the Civil Code of the Republic of Lithuania have not been found. |
