Review article
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
; Faculty of Law, University of Mostar
Ana Marušić
; JP Elektroprivreda HZ HB, d.d. Mostar
Anđela Šimić
orcid.org/0009-0000-2613-7900
; Faculty of Law, University of Mostar
Abstract
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.
Keywords
Hrčak ID:
329259
URI
Publication date:
17.3.2025.
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