MARITAL CONTRACT Cover Image

BRAČNI UGOVOR
MARITAL CONTRACT

Author(s): Samir Manić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law
Published by: Sveučilište/Univerzitet "VITEZ"
Keywords: Marital property prenup agreement; Division of property between partners; Marital contract subjects; Validity of contract; Marital contract duration;

Summary/Abstract: Specific relationship between spouses affects marital property. There is a variety of legislative approaches to creation of marital property interests, their, general nature and duration of co-owned marital property. The Serbian Family Law Act (2005) re-introduces the option that parties make provisions to determine their marital-property to meeting their needs. Legal consequences of marriage in relation to property interests are, therefore modified. Relevant statutory provisions will only apply if the spouses have not made any contractual arrangements. The author explores various issues concerning prenuptial agreement and property division deeds in marital context in Serbian family law. These set apart as different in relation to the general ability of the parties to contract, as well as legal form of such a contract and its termination. The author analyzes these distinctive features of legally binding agreements and deeds determinating property and financial interests in context of marriage.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 169-189
  • Page Count: 21
  • Language: Bosnian, Croatian, Serbian