From Marital Property Law To Family Property Law

Theoretical and Practical Aspects of Property Law Regulations Protecting Families

Abstract

Although the legislator prefers the institution of marriage and accepts it as a form of family relationship, the system of family relationships has altered as a result of social changes, which can also be seen in the legal regulation. Therefore, the framework of previous thinking, which is almost exclusively based on matrimonial property rights, has been modified by the social and economic changes and the consequent constant change in regulation and attitudes. As a result, not only matrimonial property regimes but also the legal relationship between persons living in a registered partnership or de facto partnership, and their relationship with third parties are covered by matrimonial property law as well. Consequently, it is necessary to apply a new comprehensive terminology to these property relations, which is family property law.

However, it can also be stated that during the development of the family property regulation, the legislator sought to incorporate guarantees into the system during the analysis of the diversity of family relationships, which prevented the endangerment of family existence, the vulnerability of the weaker partner or the rights of minors belonging to the family. However, most of the protecting provisions in the family property law apply to persons living in a marriage (registered partnership), the property relations of de facto partners are less regulated, and they contain only partially, or under certain circumstances family protection standards, legal consequences, and safeguards. The reason of this is that the legislature protects and favours marriage in principle over the other two legally regulated forms of partnership, by which it encourages young people and couples to marriage which requires mutual responsibility, solidarity, and commitment.