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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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Contractual modifications of statutory matrimonial property regime
Kalousková, Iveta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...
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Matrimonial Property Regimes
Novotná, Dominika ; Šustek, Petr (advisor) ; Dvořák, Jan (referee)
1 Abstract: Matrimonial Property Regimes This rigorosum thesis addresses marital property rights in the broadest sense as encompassed by Act 89/2012 Sb., Civil Code, as amended. Chapter One gives a historical background of marital property rights. From a historical point of view, however, community property comes to the forefront and it is its historical development that is paramount to our understanding joint ownership. I first discuss Roman law, as it created the legal basis for joint ownership. I then go on to discuss in more detail the individual civil codes and related laws that have been in force in the Czech Republic since the so-called Josephine Code, which came into effect in 1787. The Josephine Code was followed by Imperial Patent No. 946/1811 Sb., General Civil Code, which was in effect in the Czechoslovak Republic until it was replaced by Act No. 141/1950 Sb., Civil Code. New Family Act No. 265/1949 Sb. also came into effect. Act No. 40/1964 Sb., Civil Code was adopted together with new Family Act No. 94/1963 Sb. and was subsequently replaced in 2014 by Act No. 89/2012 Sb., Civil Code. Based on the applicable Civil Code, community property can be viewed as a legal regime, contractual regime or a regime established by a decision of the court. The second chapter of this rigorosum thesis addresses...
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Matrimonial property regimes in Italian and Czech law
Ferencová, Eliška ; Hendrychová, Michaela (referee) ; Salač, Josef (referee)
Matrimonial property regimes in Italian and Czech law Resumé This master thesis deals with matrimonial property regimes under the Italian Civil Code and the Czech Civil Code. This issue is significant not only from the perspective of spouses and their families, but also important for everybody who makes contract with a spouse. The purpose of this thesis is to analyse and compare Italian and Czech provisions related to marital property regimes and to point out similarities and differences between them. This thesis consists of an introduction, three parts that are further divided into chapters and a conclusion. The first part is an analysis of Italian provisions. It deals with the fundamental principles of the Italian legal system and matrimonial property regimes as codified in the Codice civile. First of all, it examines statutory community of property, marital assets (marital property, deferred community of property and liabilities), personal property and also deals with mandatory rules of the management of marital assets. Then it deals with contractual regimes, namely the separation of property, the property fund and other marital and prenuptial agreements. Subsequently, it examines the termination of community of property and the division of marital assets. The second part concerns the Czech provisions...
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Modification of marital property - comparative study
Hřebenová, Martina ; Elischer, David (advisor) ; Thöndel, Alexandr (referee)
1 Summary The legal institute of marriage and connected property relations between the spouses are more than other areas of law influenced by social changes and atmosphere in the society which determine further development and direction of this area of law significant for life. The matter of marital property relations is currently complicated for legal laymen, not only because the public has not got sufficient legal awareness regarding the variety, advantages and disadvantages of individual contractual modifications of marital property relations, which are therefore used very rarely, but often we can also see that the spouses don't even know what is the subject matter of the basic and subsidiary legal marital regime, e.g. community property of spouses, which can have consequently a significant impact on their lives. The aim of the submitted rigorous thesis was to evaluate, whether the current legal regulation of modifications of marital property can stand in comparison with the Spanish legal regulation contained in Código Civil as a codex with long-standing tradition and where could be eventually found inspiration for considerations de lege ferenda. The submitted thesis consists of seven chapters which are for better clarity further systematically dived into subchapters. The introductory chapter is...
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Matrimonial property regimes in Italian and Czech law
Ferencová, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Matrimonial property regimes in Italian and Czech law Resumé This master thesis deals with matrimonial property regimes under the Italian Civil Code and the Czech Civil Code. This issue is significant not only from the perspective of spouses and their families, but also important for everybody who makes contract with a spouse. The purpose of this thesis is to analyse and compare Italian and Czech provisions related to marital property regimes and to point out similarities and differences between them. This thesis consists of an introduction, three parts that are further divided into chapters and a conclusion. The first part is an analysis of Italian provisions. It deals with the fundamental principles of the Italian legal system and matrimonial property regimes as codified in the Codice civile. First of all, it examines statutory community of property, marital assets (marital property, deferred community of property and liabilities), personal property and also deals with mandatory rules of the management of marital assets. Then it deals with contractual regimes, namely the separation of property, the property fund and other marital and prenuptial agreements. Subsequently, it examines the termination of community of property and the division of marital assets. The second part concerns the Czech provisions...
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Contractual modifications of statutory matrimonial property regime
Kalousková, Iveta ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...
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