Imovinski odnosi bračnih partnera u Principima Komisije za Evropsko porodično pravo i pravu F BiH
PROPERTY RELATIONS BETWEEN SPOUSES IN THE PRINCIPLES OF EUROPEAN FAMILY LAW AND THE LAW OF FEDERATION OF BOSNIA AND HERZEGOVINA

Summary/Abstract: Subject of this work are marital property relations, which are special property relations whose features are conditioned by the specificity of the connection between marital partners as owners of the property. In the legal system of the Federation of Bosnia and Herzegovina simultaneously exist two regimes of property relations: statutory and contractual. Statutory property regime is applied if the marital partners have not chosen to apply contractual property regime. Commission for the European family law has developed comprehensive set of principles for the two matrimonial property regimes: participation in acquisitions regime and community of acquisitions regime. Both of these regimes seem equally acceptable for harmonisation or even unification of family law property relations between matrimonial partners in Europe. Both of these regimes are egalitarian. Each of these regimes is firmly connected with rights and duties of matrimonial partners and possibilities of conclusion of the marital contract.

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