Publication details
Majetkové vypořádání při investicích a vnosech do výhradního majetku manžela a partnera v nesezdaném soužití
| Title in English | Property settlement for investments and contributions to the sole property of a spouse and common-law partner |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Proceedings |
| Conference | Cofola 2020 - Sborník příspěvků mladých právníků, doktorandů a právních vědců |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Marriage; Unmarried Cohabitation; Inputs; Investments; Unjust Enrichment. |
| Description | Whether a man and a woman choose a traditional marriage model or so-called unmarried cohabitation, it is often necessary to resolve not very pleasant situations related to property settlement when both forms of cohabitation are ended. This paper deals with the comparison of the settlement of joint property of spouses regarding investments and inputs made by spouse to exclusive property of other spouse, investments from the exclusive property of the spouse to the exclusive property of other spouse compared to the situation when the investment is made by unmarried cohabitant to exclusive property of other unmarried cohabitant. Special attention will focus on practical impacts of the provisions of Section 742 of Act No. 89/2012 Coll., The Civil Code, and possibilities of applying the provisions on unjust enrichment and the assessment of the existence of a legal ground for making investments. This paper will evaluate practical differences which occur in the property settlement in situations above described with respect to the choice of the type of cohabitance. This issue is analyzed according to the valid Czech legislation with regard to the case-law conclusions that were made in the area. |
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