The Family Code has not only introduced the contractual matrimonial property regime but also changed a little bit the already existing legal matrimonial property regime, which is presented in my thesis. The legal matrimonial property regime is from now on used in full only when the spouses do not conclude the contract on the regulation of property relations between spouses or when this contract is either invalid or unclear. In relation to third party the legal matrimonial property regime is also used when the contract between spouses is not registrated.
The legal matrimonial property regime divides the property of the spouses in common property and divided property of each of the spouse. The common property are the rights and obligations, which were acquired during their union by their work or non-free and also the property that originates from the common property. The disposition inter vivos and the management of the common property can be done only by the spouses together. There is also joint and several liability for the debts which originate from common property. The shares of the assets of the spouses are not explicit and are not defined until in the liquidation of the common matrimonial property and sometimes also in the process of execution or insolvency of one of the spouses. All the other property is the property of a particular spouse, which is completely independent in order of disposition of it. They can also make deals with each other, but the required formality for concluding such a contract is a notarized record. The each spouse has liability only for their own debts and they must use not only their own property but also their share in the common property to repay the debt.
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