Review article
RELATIONS IN MARRIAGE WITH RESPECT TO PROPERTY RIGHTS
Mateja Erdelec
orcid.org/0000-0002-3496-9288
; studentica 3. godine Pravnog fakulteta Osijek
Abstract
As a family law institute, marriage produces personal legal and property relation effects and
the right and the duty of both spouses referring to mutual support that has the elements of
both personal and property consequences of marriage. This paper is focused on the legal
arrangement of property relations between spouses in Croatian law. The first part of the
paper gives a brief overview and analysis of the historical development of legal arrangements
referring to property relations between spouses. Firstly, we analyse the regulation of property
relations between spouses in Roman law as the cornerstone of contemporary legislation
of the continental European legal circle. Then we discuss the arrangement of matrimonial
property relations during socialism, because in this historic period some major changes took
place which, in the context of the legal issue in question, have left the mark to this day.
The second part of the paper discusses the modern family law arrangements of property
relations between spouses in Croatian law. This section first analyses the principles on
which property relations of married couples are regulated. Croatian family law recognises
two systems of property relations in marriage, i.e. legal and contractual. The paper discusses
and gives a critical overview of both systems. Special attention is paid to the problem of the
management of marital property, in particular the matter of alienation of a property that
is considered to be marital property in situations where only one spouse is registered as a
property owner in the land registry.
Some concluding remarks on valid legal regulations are given at the end of the paper, as well
as the author’s views on the problems caused by the existing system in court practice. Finally,
guidance for further research is also provided.
Keywords
marriage; property rights; principles; marital property; land registry
Hrčak ID:
207646
URI
Publication date:
27.6.2018.
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