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  • Карактеристике брачних имовинских односа у шведском праву
    Ковачек-Станић, Гордана
    Marital property relations are primarily determined by the specificity of the relation between the spouses as the owners of the property. Legal systems approach the regulation of the property of the ... spouses, the way it was formed, its legal nature as well as the ending of the character of the marital property in different ways. A great number of legal systems comprises the regulations about the legal procedures connected with the matrial property settlement; it is also the case in the Nordic coutnries. Property system characteristic for the Nordic countries is "the deffered community system" or the Nordic system. Specificity of this system of property lies primarily in the fact that during the marriage both spouses independently control and use the property. The marital property acquires the character of the common property only during its division, when it is, as a rule, divided into qeual parts. The Swedish Law on Marriage from 1987 allows also a larger number of modalities for the division of the marital property. Therefore, that property, in specified situations, does not have to be divided into equal parts which contributes to the economic independency of the spouses and prevents "the divorces because of money". It is also interesting that the quantity of the marital property, according to the Swedish legal system, includes also the property acquired during the marriage, but all other property of the spouses acquired before the marriage as well. According to the Yugoslav marital law, however, the common property of the spouses includes only the property acquired during the marriage by thye work of the spouses themselves. In addition to the marital property, the Swedish legal system recognizes also the separate property of the spouses. The separate property is formed either on the basis of the marriage settlement (ante-naptual or postnuptial) or when the third party decides to give a present to one of the spouses or leaves certain property to one of the spouses by his will. It could be said that the Swedish legal system attaches special importance to the decision of the third party that a certain property has the character of the separate property, because, contrary to the separate property formed by the marriage settlement, this property cannot become marital afterwards nor can be divided after the marriage is annulled. Besides, the treatment of control differs when the joint dwelling is concerned so that only if the joint dwelling is concerned has the character of the separate property formed by the decision of the third party, it is not necessary that one spouse grants its use to the other spouse. According to the Yugoslav law, however, the separate property constitutes only the property formed before the marriage and the property which was formed independently during the mariage. According to the Swedish legal system, property of the existential importance for the spouses, the joint dwelling and the joint household goods, has the special legal treatment. To grant the use of that property during the marriage it is necessary to have the approval of the second spouse. The approval is necessary if the properties are the marital property as well as if the they are the separate property of the spouses (except, as it was already said, if they have the character of the separate property formed by the decision of the third party). In the process of the division of property, the spouse who is most in need is entitiled to receive this property, with the adequate deduction. If the joint dwelling and the joint household goods make the special property formed by the decision of the third party, the other spouse can only take them over if it is treated as reasonable. Specificity of the legal treatment of the joint dwelling and the joint household goods points to the conclusion that this property, in a certain way, is above the classification of property into marital and separate property of spouses.
    Врста грађе - чланак, саставни део
    Година - 1992
    Језик - српски
    COBISS.SR-ID - 84464647