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Property Consequences of the Termination of Marriage, Comparison in German and Czech Law
Vrchotová Neumannová, Kateřina ; Zvára, Michael (referee)
The aim of this thesis is to summarize and analyze the concept of matrimonial property law with an emphasis on the consequences and possible measures if the marriage is reversed or terminated by divorce. In addition to the introduction of this institute in the Czech legislation, this work also deals with the legal regulation of matrimonial property law of the Federal Republic of Germany. The work is focused on the development of matrimonial property law after the private law recodification in the Czech Republic, altogether with setting the term into historical context and evaluating the influence of previous legal regulations. The historical introduction of the Czech and German legal regulations is followed by a chapter devoted to the issue of formation and termination of property relations between spouses in both countries. As divorce is the most common way of termination of marriage and property relations in both countries, special attention is paid to the consequences that spouses may be affected by, as well as to the options that can be chosen in the event of marriage and property relationships being lost during the life of the spouses. As a result, one of the chapters also lists property regimes that exist in addition to the statutory regime, thereby, in the Czech Republic a contractual regime...
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Matrimonial property agreements
Hadová, Jana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Matrimonial property agreements Abstract The diploma thesis deals with marital property regimes, which are regulated by the Act No. 89/2012 Coll., the Civil Code. The thesis is focused on the three main areas of the problematics. The first area represents a legal regulation of the common property of the spouses, i.e. the statutory matrimonial property regime, the regime, by which marital property relations are regulated, unless a married couple, resp. spouses adjust these relations differently from the law. The second area of interest is a detailed analysis of a legal regulation of property relations of spouses on the basis of a contract, either before or during the marriage, i.e. the contractual regime. The third area examines the matrimonial property regime established by a court decision. The last part of the thesis is dedicated to the view of the Dutch matrimonial property law in comparison with the Czech legislation. With regard to the Czech property law of spouses the thesis may result in a de lege ferenda consideration Key words: matrimonial property law, matrimonial property regime, prenuptial agreement.
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