Several Comments on the Institute of Shareless Joint Ownership of Spouses as the Basic of Matrimonial Property Law

The aim of this paper is to consider the current legal regulation of proprietary relations of spouses, the characteristic feature of which is an absolute lack of special institutes which could regulate the situation. The key institute (however, not a general one) of matrimonial property law is the Civil Code institute of shareless joint ownership of spouses, characterized by remarkable cogency and stability in time, which guaranteed certain level of legal certainty, yet on the other hand did not enable the spouses to regulate proprietary issues according to their individual wishes and interests. The changes in the society brought about legislative changes even in the institute of shareless joint ownership of spouses, the main result of which is dispositiveness respecting the possibility of private business activity and the resultant property growth, yet also heeding the interests of third perss and weaker partners. The greatest emphasis was put on dispositiveness, i.e. the possibility of the spouses to modify the beginning of the rise, the content and the object of shareless joint ownership of spouses, as the Civil Code provides only scarce regulation of the subject, thereby causing numerous and serious problems.