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https://doi.org/10.47960/2637-2495.2024.32.87

PROPERTY LAW RELATIONS AS A FACTOR OF MARRIAGE STABILITY AND FAMILY RELATIONS HARMONY

Željko Galić ; Pravni fakultet Sveučilišta u Mostaru
Ana Marušić ; JP Elektroprivreda HZ HB, d.d. Mostar
Anđela Šimić orcid id orcid.org/0009-0000-2613-7900 ; Pravni fakultet Sveučilišta u Mostaru


Puni tekst: hrvatski pdf 199 Kb

str. 87-98

preuzimanja: 365

citiraj

Puni tekst: engleski pdf 54 Kb

str. 99-99

preuzimanja: 107

citiraj


Sažetak

Property and property relations are an important factor of establishing, existence and harmony of a family. Norms for manner of acquiring, managing, distribution and consumption of material goods within a family have always had general social significance and role for protection and survival of wider community. Domestic legislation regulates two forms of life communities of a woman
and a man – marriage and out-of-marriage community, where the partners’ property relations are inseparable from their daily personal relations, as well as from relations with other members of the family and third parties. In this paper, the authors analyze the role and significance of property as material foundation of human existence, and the effects of property law relations within life communities and families in general. We are particularly focused on legally regulated option of a property system choice (either by law or contractual), on the importance of extra/marital property, and on potential dis/advantages of entering into a marital contract; all in the context of family law relations stability and harmony. The existing normative deficiencies and vagueness in the legislation of Bosnia and Herzegovina are also pointed out, and some suggestions de lege ferenda are given with the purpose of removing ambiguities in the course of application.

Ključne riječi

property and property law relations within extra/marital communities, extra/marital contract, harmony and stability of family relations

Hrčak ID:

329259

URI

https://hrcak.srce.hr/329259

Datum izdavanja:

17.3.2025.

Podaci na drugim jezicima: hrvatski

Posjeta: 880 *