Fundamentals of family law

One of the most important personal non-property rights of spouses, the Civil Code of the Czech Republic calls the right to information about the income and condition of each other's property, about the labor, scientific and other activities of each other, orienting the subjects of family legal relations to openness, mutual awareness. Also, spouses have the right to represent each other's interests in everyday affairs without a specially issued authorization. If one of the spouses does not want his interests to be presented to third parties by the other spouse, he must declare this. Such representation can also be canceled through a court decision made on the basis of the application of the interested spouse.
The Civil Code of the Czech Republic recognizes the legal regime, the contractual regime of the property of the spouses, as well as the regime based on the court decision. The joint property of the spouses, which forms the basis of the legal regime of property, includes:
• property acquired by each or both of them during the marriage;
• income from the property of an individual spouse;
• share in a business partnership, society or cooperative, if the spouse became a member of one of them during the marriage;
• debts acquired during marriage;
• the amount of wages.
The property of an individual spouse is:
premarital property (the Czech legislator calls it exclusive property), as well as acquired at the expense of this property or at the expense of compensation for damage, destruction or loss of this property;
• property necessary to meet his personal needs;
• property received as a gift or by way of inheritance;
• property received by him as compensation for damage caused to his natural rights;
• debts from the premarital property of one of the spouses in an amount exceeding the profit of this property, as well as debts acquired by one of the spouses without the consent of the other and not aimed at meeting the daily needs of the family.
On the basis of § 713 of the Civil Code of the Czech Republic, as well as in Russia (Article 35 of the Civil Code of the Russian Federation), spouses own, use and dispose of common property by mutual agreement. If the sous-prug disposed of the common property without the consent of the other, the latter has the right to demand that such a transaction be declared invalid.
The marriage contract (§ 716 of the Czech Civil Code), which must be in the form of an official document, is the basis of the contractual regime of the spouses' property. With them, spouses can regulate their property relations in marriage or in the event of its dissolution or termination due to death (then this part of the marriage contract is considered an inheritance contract). The marriage contract should not affect the interests of third parties.
On the basis of § 722 of the Czech Civil Code, the subjects of a marriage contract (persons and spouses) have the right to draw up a contract for the management of joint property, in which they can indicate the method of managing the property or part of it and choose one of the spouses as the manager. At the same time, the administrator is limited by law in matters of managing the joint property as a whole, as well as the dwelling (in which the family as a whole lives, and, in particular, minor children).
The Czech legislator calls the regime based on a court decision the termination of the joint ownership regime or the restriction of its action, which is carried out by the court upon the application of the spouses who do not want to conclude a marriage contract, if there are serious grounds (§ 722 of the Czech Civil Code). In fact, we are talking about the responsibility of the spouses for obligations and the allocation of a share from the total wealth of the spouses of one of them to pay off a personal obligation in the event of insufficient personal property. Along with this, the Czech Civil Code also calls other weighty circumstances, for example, one of the spouses engaging in entrepreneurial activity, which is associated with serious property risks to the financial situation of the family, or the fact that one of the spouses has become a surety with unlimited liability in a legal entity.
Thus, the law stands in the position of protecting the interests of the family: the other spouse and minor children. So, the legal regime of the spouses' property can be changed through the conclusion of an agreement by the spouses or on the basis of a court decision.
Irrespective of the property regimes of the spouses, the Czech legislator pays special attention to the right of family members to housing. So, on the basis of § 747 of the Civil Code of the Czech Republic, if one of the spouses has the right to dispose of the house or apartment in which the household of the spouses or the family as a whole is located, and which are also necessary for their residence, he is obliged to refrain from any actions, capable of harming or endangering the very living in the dwelling. In this case, this rule applies not only in the case when the living space belongs to one spouse on the right of ownership, but also on the right of ownership and use, for example, when renting a residential space (§ 748 of the Czech Civil Code). Termination of the lease requires the consent of the other spouse in simple written form. New housing conditions should not worsen the property situation of a minor child living in it and affect the rights of third parties, unless the latter have given written consent to change the previous conditions. The lack of consent of the other spouse to conclude a transaction with a dwelling that contradicts the law may result in its invalidity.

List of references

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