Popis: |
The community property of spouses is the main term for marriage property law. Its conception has influence not only on property sphere of spouses but it projects into more complex scope of rights and duties of spouses. The community property has impact on maintenance obligation between the spouses, their business activities, family enterprise, legal regulation of family household equipment or fulfillment of needs and other issues of the family itself. It also influences the position of spouses in relation to third parties, especially their creditors. Therefore, the understanding and setting of rules for balanced and just functioning of the community property is important but also difficult matter. The aim of the thesis is to introduce the institute of community property regarding its genesis, development and changes with focus on its creation, scope and decision enforcement and its relation to the third parties. The goal of the thesis is to make a comparison of previous legal regulation with the current one and focus on the applicability of earlier conclusions made by doctrine and judicature. The thesis pays attention to the procedural regulations which follow up substantial regulations contained in the civil code as well as the possible legal regulation de lege ferenda. The thesis contains... |