Conjugal property law Reflections DE LEGE FERENDA

Vol.3,No.1(1995)

Abstract
The subject matter of the article is a reflection on two partial problemes of development of the law code influenced by social and economic changes. It is about problems of law systemes of property relations between husband and wife and also about the question of ranking the law regulation of this relations into a homogenous law code.

The regulation of the conjugal property law is contained in the Civil Code (Act Nr. 40/1964). The most important institute of the conjugal property law is the institute of legal systeme of property relations between husband and wife - the institute of shareless joint ownership of husband and wife. It has not been essentially influenced by contemporary legislation. The result of the supplementary bill of the Civil Code (Act Nr. 509/1991) is a certain extent of disposal, respect for the possibility of citizens being in business and questions concerted, larger extent of protection of interests of the third persons and weaker partners. The idea of the changes of the conjugal property law should be the passage from all-purpose law regulation of property relations between husband and wife to institutes respecting individual needs and interests of husband and wife in wedlock.


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120–127
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