Právní úprava společného jmění manželů
Legal regulation of community property
rigorous thesis (DEFENDED)
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http://hdl.handle.net/20.500.11956/25631Identifiers
Study Information System: 12322
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- Kvalifikační práce [13751]
Author
Advisor
Referee
Salač, Josef
Faculty / Institute
Faculty of Law
Discipline
Law
Department
Department of Civil Law
Date of defense
29. 6. 2010
Publisher
Univerzita Karlova, Právnická fakultaLanguage
Czech
Grade
Pass
Resumé As the title of the thesis suggests, it provides a detailed insight into the field of community property law in the Czech Republic as well as into some of the related issues. The community property law regulates the marital property regime. The thesis has been motivated by a few simple questions: What is the impact of the community property on spouses' everyday life? What are the individual attitudes to the advantages or disadvantages of community property? What shall we expect from the new legislation? The thesis is divided into ten chapters. The introduction explains the key term "community property" and describes the history of the legal regulation of property relations of spouses. The second chapter deals with the creation of community property. The community property system is presumed by the law and it is usually justified by the idea that such joint ownership recognizes the theoretically equal contributions of both spouses to its creation. The third chapter focuses on the object of the community property. The community property is ordinarily defined as everything the couple owns and what is acquired during the marriage with the exception of the separate property owned by either of them individually. If the property is held as the community property, each spouse technically owns a moiety in the...