The most important property-legal consequence of the conclusion of a marriage in the Republic of Slovenia is the creation of joint assets of spouses. Joint assets are defined as the collection of all property rights which were acquired through labour or onerously during a marriage and the living community. Until recently the Slovene regime has determined the obligatory property regime, according to which the formation of joint assets is independent of the will of the parties and is created ipso iure. For years, legal experts have warned about the unsuitability of the Slovenian legislation. The principles of the autonomy of the will of the contracting parties and the disposition of legal norms did not have sufficient effect. The new Family Code amended the regulation of property relations between spouses. Now they have the possibility of agreeing on their property regimes, which they determine in the contract on the regulation of property relations. The purpose of the new contract institute is to enable the spouses to regulate property relations, both in terms of the property they have already introduced into the marriage, as well as the property that they will jointly create at the time of marriage. In accordance with the principle of autonomy, the content of their property regimes can in principle be freely formulated. The limits of contractual freedom are cogent norms, public order and morality. In the absence of such a contract, the property regime between the spouses is judged according to the legal provisions. The contract on the regulation of property relations must be concluded in the form of a notarial record. The obligatory property regime will thus apply to those spouses who decide not to regulate their mutual relations in accordance with their own wishes, and they do not conclude a contract on the regulation of property relations. The legal regime between the spouses is used in the absence of such contracts or non-fulfillment of the condition of the required formality of the contract.
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