Zbornik, Vol. 40 No. 1, 2019.
Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.40.1.7
SOME ISSUES CONCERNING THE MATRIMONIAL PROPERTY REGIMES IN THE CROATIAN AND ITALIAN FAMILY LAW
Lucia Ruggeri
; Sveučilište u Camerinu, Pravni fakultet, Camerino, Italija
Sandra Winkler
orcid.org/0000-0003-1639-6823
; Sveučilište u Rijeci, Pravni fakultet, Rijeka, Hrvatska
Sažetak
The paper will analyse some issues concerning the matrimonial property
regimes in the Croatian and Italian family law. Firstly, it will be examined the legal framework in the context of the matrimonial property regimes in the Croatian family law. Subsequently, these legal solutions will be compared with the Italian familial legislation, pinpointing the issues related to the practical implementation of the law
concerning the matrimonial property regimes. Thereafter, taking into account the results of the first stage of the research, the paper will deal with the pro et contra of both familial legislations, which will result from the comparison of the two legal models. The purpose of this comparative research is to find out if there is a necessity to improve
the existing legal framework in the context of the matrimonial property regimes. In the last part of the paper will be examined the results of this research in the light of the entrance into force of the two EU Regulations regarding the matrimonial property regimes and the property regimes of the registered partnerships. Indeed, coming into
the force these Regulations will originate some new legal challenges related to the regulation of the familial property regimes having cross-borders implications. Finally, the paper will offer some possible new solutions in order to improve the legislation in force, especially regarding the property regimes of cross-border families.
Ključne riječi
family; property regimes; matrimonial property agreement; spouses; partners; registered partnership; Regulation 2016/1103; Regulation 2016/1104
Hrčak ID:
219301
URI
Datum izdavanja:
8.4.2019.
Posjeta: 3.326 *