Review article
Register of Marriage Contracts as a Contribution to Security of Legal Transactions
Anica Čulo
; Faculty of law, University of Osijek, Osijek, Croatia
Ivan Šimović
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The trend of the ever greater presence of contractual regulation of property rights in marital, extramarital and same sex relationships, which are so widespread in West European countries, has now also reached Croatia. Persons that have established such relationships are taking advantage of their legal rights and contractually adjusting the legal regime for regulating property relations to their own needs, to the extent, of course, in which this is legally permissible. In the new circumstances, the authors consider that the establishment of marriage contract registers is useful, even indispensable, and they point to a large number of positive effects that such registers could provide by increasing legal security in legal transactions.
The work considers the possible ways of introducing the proposed register into the Croatian legal system and the subsequent adjustment which would have to be made in the existing legislation. Proposals are given as to how the register should be structured, and also how it should be administered and by whom. These proposals also stress the need for a multi-level protection of the contractual data, which would largely exclude unauthorized and inadmissible encroachment on the personal data of the subjects of the marriage contracts. The central part of the paper deals with matters of responsibility, consequences and sanctions in cases of misuse of data contained in the register both on the part of negligent users and also of the register's administrator.
A detailed analysis is given of the problem of registering contracts on regulating property relations between extramarital and same-sex couples and the authors also cover the registration of marriage contracts of an international character. The last part of the paper covers systems of registration of marriage contracts in some European countries and points to solutions that might help define the form and content of future Croatian registers of marriage contracts.
Keywords
register of marriage contracts; marriage contracts; registration
Hrčak ID:
42922
URI
Publication date:
26.10.2009.
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