Ustawowy ustrój majątkowy małżeński w Republice Federalnej Niemiec
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Date
1987
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
Statutory system of matrimonial property rights in the Federal Republic of Germany
Abstract
The legislator chose the statutory system of community of acquests. It is characterized
by the separation of volumes of estates during the marriage; in consequence,
also the management of the estates and the responsibility for debts are
separated. However, despite the adoption of the principle of separation of estates,
the law imposes some restrictions concerning legal transactions involving
obligation and dispositive legal transactions with respect to the household goods
and to an estate as a whole. Such transactions require the consent of the other
spouse.
The termination of a statutory system due to reasons other than the death
of a spouse initiates the mechanism of compensating the increase of the values of
the spouses' estates accrued over the period of the statutory system. It takes the
form of a financial claim of one spouse against the other, i.e. the one whose
acquests grew higher than the acquests of the claimant. In the case of the termination
of marriage through the death of a spouse, the institution of a compensation
of increase of the values of the spouses' estates is replaced with the increase
of the surviving spouse's share in the inheritance. In principle, the above legislative
regulations may be considered statisfactory in the case of a long-lasting marriage.
It does not follow, however, that all the solutions deserve approval; in particular,
some criticism may be voiced towards the solution providing for an unduly
priviledged position of a spouse inheriting in conjunction with the decedent's
children who are not common children of the couple. The shortcomings of the
above provision become more apparent especially in the case of a marriage of
a short duration, where the existing regulation may lead to unjust solutions.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 49, 1987, z. 3, s. 175-189