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Separate property regime
Jiroušková, Šarlota ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
56 Separate property regime Abstract The submitted thesis deals with the analysis of the institution of the separate property regime. The aim of the thesis is to elucidate the origin, essence, and limits of the agreement establishing the separate property regime in the context of the legal regulation of Act No. 89/2012 Coll., the Civil Code, including mentioning the significant legal effects of this agreement in enforcement and inheritance proceedings. For a more comprehensive view of the issue, the legal effects of the agreement are also reflected by comparison with the basic effects of the statutory regime in specific life situations. The achievement of the goal is presented in six chapters. The first chapter introduces the concept of marital community property as the starting point of the work, its origin, basic characteristics, and components, including a brief introduction to exceptions establishing a different moment of (potential) creation of the marital community property, with emphasis on the agreement on the separate property regime contract. The second chapter presents the inclusion of the agreement on the separate property regime into the systematics of marital property law in the Civil Code within the contracted regime, alongside the statutory regime and the regime established by a court order....
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