Брачни уговор као инструмент хармонизације породичноправне материје у праву ЕУ
Marriage contract as an instrument for harmonisation of family law in EU law

Summary/Abstract: At the European Union (EU) level, there are only a small number of rules related to the property relations of spouses, primarily in the area of the contractual property regime. The marriage contract is seen as a factor of convergence and the potential harmonisation of family law in the legislation of the member states because harmonisation is easier to imagine in the area of the contractual than in the legal property regime. In the legal literature, there is no general agreement on the need for convergence of the family law systems, which is conditioned by the nature of family law as a branch of law greatly influenced by the culture and traditions of a particular nation. For these reasons, family law issues are still not directly regulated by European legislation. Given that our country is in EU accession negotiations and the marriage contract is a legal institution regulated in the domestic family legislation, the paper will analyse different points of view on the marriage contract as an element in this family law matter, which is necessary and useful. The author conducted research using dogmatic legal, comparative legal, and historical legal methods. In conclusion, she confirms the initial hypothesis, according to which there are currently no suitable conditions for the unification of the marriage contract as a formal source of substantive law in the EU.

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