ПРИРОДА СТВАРИ ЗА ЛИЧНУ УПОТРЕБУ-ПОСЕБНА ИЛИ ЗАЈЕДНИЧКА ИМОВИНА СУПРУЖНИКА?
NATURE OF THINGS FOR PERSONAL USE-SEPARATE OR COMMON PROPERTY?

Summary/Abstract: The conclusion of marriage and the establishment of the community of life of the spouses leads to the constitution of numerous and diverse relationships between them. Property relations between spouses, considering the specifics of the participants and their importance for marriage and family, are regulated by special legal rules in order to enable the achievement of the goal and essence of marriage, on the one hand, and at the same time ensure the application of the principles of civil law, on the other hand. In the application of the legal matrimonial property regime, the criteria on the basis of which the legal qualification of the property acquired during the marriage of the spouses is carried out are of particular importance. However, despite the application of these criteria, there are certain dilemmas regarding things for personal use, so different opinions are expressed in legal theory regarding this issue. In this paper, the author examines various arguments in search of an answer to the question of whether things for personal use are separate or common property. On the other hand, the paper examines the relevant positive legal rules, with the aim of identifying problems in their application and analyzing possible solutions that would reform the regulations related to this part of the marital property regulation.

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