2018Megatrend revijaOpen access

The property of unmarried partners

Dušan Novaković

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Abstract

The subjects of this paper are the property and the property relations between unmarried partners during their co-existance. Our law recognizes two property regimes for unmarried partners in terms of property relations: specific and common property regime and contractual property regime. Scientifically, the paper analyses the following topics related to property regime: the concept, the formation, management and disposition of common property and contractual property regime of unmarried partners, as well as the legal aspects of property relations between them. Due to this fact, the method utilised for this research is a legal method. It is used for the analysis of the legal norms that regulate the legal matter. The paper refers to the positive law that regulates the abovementioned property (de lege lata) and the future law related to the property of unmarried partners (de lege ferenda). In addition to the positive legal norms, this paper presents the aspects of the science of law regarding the property of unmarried partners. Based on the research it has become evident that the positive law regulates only the basic provisions concerning this property, which raises a number of issues regarding the implementation of legal provisions on the property of unmarried partners in everyday life.

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The subjects of this paper are the property and the property relations between unmarried partners during their co-existance. Our law recognizes two property regimes for unmarried partners in terms of property relations: specific and common property regime and contractual property regime. Scientifically, the paper analyses the following topics related to property regime: the concept, the formation, management and disposition of common property and contractual property regime of unmarried partners, as well as the legal aspects of property relations between them. Due to this fact, the method utilised for this research is a legal method. It is used for the analysis of the legal norms that regulate the legal matter. The paper refers to the positive law that regulates the abovementioned property (de lege lata) and the future law related to the property of unmarried partners (de lege ferenda). In addition to the positive legal norms, this paper presents the aspects of the science of law regarding the property of unmarried partners. Based on the research it has become evident that the positive law regulates only the basic provisions concerning this property, which raises a number of issues regarding the implementation of legal provisions on the property of unmarried partners in everyday life.

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Available abstract

The subjects of this paper are the property and the property relations between unmarried partners during their co-existance. Our law recognizes two property regimes for unmarried partners in terms of property relations: specific and common property regime and contractual property regime. Scientifically, the paper analyses the following topics related to property regime: the concept, the formation, management and disposition of common property and contractual property regime of unmarried partners, as well as the legal aspects of property relations between them. Due to this fact, the method utilised for this research is a legal method. It is used for the analysis of the legal norms that regulate the legal matter. The paper refers to the positive law that regulates the abovementioned property (de lege lata) and the future law related to the property of unmarried partners (de lege ferenda). In addition to the positive legal norms, this paper presents the aspects of the science of law regarding the property of unmarried partners. Based on the research it has become evident that the positive law regulates only the basic provisions concerning this property, which raises a number of issues regarding the implementation of legal provisions on the property of unmarried partners in everyday life.

Key concepts: Property (philosophy), Property law, Tangible property, Law and economics, Property rights, Public property, Law, Business

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