The new civil law, which will most likely apply from January 2014, changes the rules of the common name. Even if you don’t think about marriage or even divorce first, it’s a good idea to prepare in advance.
In the article From the new year, the new rules for the joint name of the spouse will apply. court (how the name will be jointly administered).
Like the current rules, the new Civil Code (NOZ) allows men, or even couples entering into marriages, to adjust their property from the final regime. Both the spouses and the husband (in such a case, the modification will not be reversed) can agree that:
- they will have a separate name – that is, whatever one of the manners acquires, it will be transferred to its own property, I will freely dispose of the property, even if it does not need the consent of the other husband;
- reservation of the common name and the date of termination of the marriage -This possibility is also contained in the existing first rights, but in practice it is not much used. Its content will be the property acquired by the husband for the duration of the marriage, but only if, on the day of the termination of the marriage, it is still the property of one of the marriages. “Therefore, if one of the spouses has joined the car during the last wage marriage and still owns it, the car will be a common name at the time of the marriage, which must be sold. If he wants to sell the car before the end of the marriage and retire for the bond for himself, feel free to do so, because the SJM has not been created yet, so the marriage does not need the consent of the wife, ”explains Tom Pelikn from Pelikn, Krofta, Kohoutek;
- roz iz extent -in case of birth, they may also belong to the common name of more than otherwise excluded (for example, more personal needs). On the contrary, if the husband has a common name, things that would otherwise fall into him, the husband will acquire his own property (for example, for a salary).
By contract, you can sell the property in case it would manelstv expired.If a divorce occurs, you will avoid the often unpleasant and protracted property disputes. If it is such that the reason for the dissolution of the marriage will be the death of one of the spouses, in this part the contract is considered a contract of inheritance.
Contrary to the current first legal civil law, the statute states that the contract must not exclude the husband’s ability to provide for his family. The problem is that there is no case law to interpret this provision.
“It could be a situation where the contract regime would be modified one-sidedly. situation, falling for example in cases where the income is limited to anyone special – the mother will be with the children at the mother, then she will not have a day of income and then they will divorce with the father, who earns all the time.
A new public list will be introduced
At present, marriage contracts are kept by the Notary Chamber in the Central Register of Marital Contracts. This bag is only for the eld of Zen.
“A new public list should be introduced, in which the proposal of one of the spouses (if so agreed in the contract), or the proposal of both, will write down in which the spouses agreed on a regime of deviation,” warns the lawyer and adds in the event that these deviations are entered in a public list, the modification of the common name will be given to these persons. This provision should protect a person (such as a creditor) who enter into a contractual relationship with one of the spouses.
Pklad: Manel Horku, a contract concluded after the wedding, according to them, they will have a separate name and have it entered in the public list. After a few years, Mr. Hork falls into gambling and falls asleep. Since the modification is registered in the public list, Mr. Horkov does not have to worry about his property, because the creditor (or aunt of persons) could get acquainted with their property regime. However, if the Horkovch contract was not included in the list, the inn would not be visible (they would not have to deal with it) and they could demand payment even after Mr. Horkov.
rhymeestablished by a court decision
According to the current first law, the court could, for the invited reasons for the motion of one of the spouses, have a common name. canceled common name, je-li pro to zvan dvod.
In the end, it is stated literally how the situation should always be considered as a reason for the marriage and cancellation of the common name. They are:
- The maneuver requires the security of the receivable to the extent exceeding the value of what is not due to this maneuver (on the other hand, such a reason is not the existence of enforceable debt, which in its value exceeds the value of the manlae’s exclusive name). “There is no case law, but it will probably be a situation where one of the spouses has a debt in the amount of 200 thousand crowns dm, just a common name, ”explains the lawyer;
- manela can be considered wasteful. For example, large quantities buy unnecessary things;
- manel systematically or repeatedly takes disproportionate risks. You need to get there.
In cases where there are no so-called reasons for the court to join the woman or dissolve the common name, the NOZ offers the court a new opportunity to decide on the proposal of one husband, how the joint name will be administered. “Such a phenomenon can be a practical example in a situation where one of the husband repeatedly repays debts for his brother, causes his family financial money,” explains Tom Pelikn. The same procedure may be followed by the court in the event that the joint name is lesser (the decisive factor is the fact that the joint name exists).
Usually equipped with a family household contract
As you know, there are exceptions here again. Neither the contract nor the court’s decision to specify or exclude the final agreement concerning the usual equipment of the family household. According to NOZ, this will be subdued zvltnmu prvnmu reimu and below it will not belong to the common name.
“It is worth changing that this change only affects the joint names of the newly emerging, but also those that already exist,” the first points out.
According to NOZ, the usual equipment of a family household is a set of movitch things, which serve the necessary necessities of the family and their linen, so it is common furniture, household equipment (fridge, slingshot, stove, kitchen unit, sofa, beds).
“If you put everything in the usual equipment, then it will depend on the specific situation. In particular, the family, its financial situation, as well as the needs of individual members should be considered, ”says Tom Pelikn, explaining:
“In particular, the first regime of the usual equipment of a family household is based on the fact that according to the new first law it is not decisive for this category whether it belongs to the ownership of both spouses or one of them. In both cases, you need to deal with the consent of the second manna (unless it is a negligible value). “
Pklad: Before the wedding, Mr. Duek owned a set of dining tables and chairs (it was not about antiquity). For the duration of the marriage, he sold this set without knowing his wife. Because it is not a negligible value, it would have to have such one’s consent and the wife can claim the invalidity of the first one’s husband.
We are not divorced, but we do not live together
However, the fate of things that usually belong to a family household in a situation where the husband does not live together. “If a bag of his belongings needs a minor child together, this first will be made up of the bill,” warns the lawyer.
We will then focus on the protection of individuals, divorce property in the event of divorce and answer questions about the new rules for the common name of the spouse.