A contract on regulation of proprietary relations between spouses is a contract that allows spouses to freely and autonomously choose their property regimes. For spouses who will not make a contract on the regulation of property relations, the statutory property regime will be subsidiary, which has been cogent so far. The agreement on the regulation of property relations can be concluded by the spouses before or after the marriage or they subsequently change the contract already concluded. A part of the contract may also be an agreement on mutual livelihood and a maintenance agreement in the case of a divorce. The required formality for concluding a contract on regulation of property rights is a notarized record. The contract must be entered in the register of contracts, which is kept by the Notary Chamber of Slovenia. This way, it acquires a publicity effect.
The contract on the regulation of property relations between spouses is not regulated in the current Act on Marriage and Family Relationships. It is regulated by the applicable Family Code, the vast majority of which will enter into force on April 15, 2019, including a provision on the agreement on the regulation of property relations between spouses. From then on, such contracts can be validly concluded. By introducing such a possibility into the sphere of property relations between spouses, the Family Code introduces a major change, since the property regimes from the rigid and cogent will turn into a dispositive and enable the autonomy of the parties which is of fundamental importance to civil law. At the same time, such a leap means also the harmonization of the regulation with the Constitution of the Republic of Slovenia, which contains a general property legal provision, and with it guarantees the individuals the right to private property and inheritance.
|
