Pregledni rad
https://doi.org/10.31141/zrpfs.2023.60.150.759
Effects of inflation on mandatory legal claims of spouses after termination of the marital union
Maja Gelo
orcid.org/0009-0008-4061-6439
Sažetak
Legal claims of the spouse are based on the institute of acquisition without basis, and its goal
is to return the value of investment in the former spouse’s property. The value of the investment is
calculated by experts in the construction profession. The aim of this paper is to examine whether
the inflation rate is taken into account when calculating the value of this investment. In addition to
legal doctrine, for the purpose of research, the author also used the available judicial practice of the
Supreme Court of the Republic of Croatia and municipal courts. At the beginning of this paper, the
options available to spouses for the purpose of regulating property relations are briefly presented,
then the application of the institute of acquisition without a basis to the mandatory legal claim of
the spouse are examined, after which the presentation of the determination of value in construction
appraisals are presented. Considering that the determination of the market value does not lead to
a complete and fair return of the invested value, the author presents three solutions that can lead
experts to satisfy the principle of fairness. In conclusion, two solutions are presented that could
prevent disputes, that is, assist plaintiffs when filing a mandatory legal claim after the termination
of the marital union.
Ključne riječi
marital union; investment; inflation; acquisition without basis
Hrčak ID:
311842
URI
Datum izdavanja:
20.12.2023.
Posjeta: 879 *