Protection of the weaker partner in the marital property agreements
In many jurisdictions, spouses/common-law partners can choose which matrimonial property regime they want to be applied on their property relations. Viewed comparatively, such freedom exists in Western European countries for some time, but recently, both Eastern and Central European countries introd...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2016-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2016/0550-21791604047K.pdf |
| Summary: | In many jurisdictions, spouses/common-law partners can choose which matrimonial property regime they want to be applied on their property relations. Viewed comparatively, such freedom exists in Western European countries for some time, but recently, both Eastern and Central European countries introduced the possibility of concluding marital property agreement in their legal systems, which changes the default marital property regime. However, the spouses do not have an absolute freedom when concluding such a contract. Restriction of freedom is due to the fact that the contracting parties are specific subjects - married persons, between whom exists personal relationships, which requires caution and some sort of protection of the weaker partner. This paper analyzes the legal mechanisms to protect weaker partners in domestic family law and in a comparative European law. |
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| ISSN: | 0550-2179 2406-1255 |