The contractual property arrangement of unmarried partners

• Main Author: Novaković Dušan
• Format: Article
• Language: English
• Published: University Dzon Nezbit 2019-01-01
• Series: Megatrend Revija
• Subjects: property relations in an extramarital community; the autonomy of the will in property relations regulation; contractual property arrangement of unmarried partners; characteristics of extramarital contracts
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/1820-3159/2019/1820-31591901225N.pdf
• ISSN: 1820-3159; 2560-3329

The subject of this research study is the contractual property arrangement of unmarried partners according to the law of the Republic of Serbia. The Family Law (2005) allows the possibility for unmarried partners to arrange extramarital relations in a way that suits their interests. Our law has introduced the possibility of concluding extramarital contracts which allow that the regime of common property that had been compulsive until then and could not be changed, now can be excluded, changed or contracted by unmarried partners. The contractual property arrangement has significant legal and social consequences both for the relations of partners in the extramarital community, as well as regarding their relations with society. In this sense, the paper analyses the property relations in the extramarital community, the autonomy of the will in the regulation of property relations, the contractual property arrangement of unmarried partners, the characteristics of extramarital contracts and the social and legal justification of the contractual property arrangement of unmarried partners in regard to our law. The aim of the research was to introduce and explain the regulation of property relations of unmarried partners, from the legal and social aspect. In this article, a legal and sociological method was used when determining the content of the positive law and the effect of legal norms that regulate the property relations of unmarried partners. The understanding of legal science, which refers to this legal institute, is also exposed. In this article, the contracts of unmarried partners were considered as a model for regulating property relations in an extramarital community in genere.