MS14BIP - Matrimonial Property Law
| Course specification | ||||
|---|---|---|---|---|
| Type of study | Master academic studies | |||
| Study programme | ||||
| Course title | Matrimonial Property Law | |||
| Acronym | Status | Semester | Number of classes | ECTS |
| MS14BIP | elective | 2 | 2L + 1E | 5.0 |
| Lecturers | ||||
| Lecturer | ||||
| Lecturer/Associate (practicals) | ||||
| Prerequisite | Form of prerequisites | |||
| - | - | |||
| Learning objectives | ||||
| By studying this subject in the second cycle of studies, students acquire additional, in-depth knowledge regarding matrimonial property institutes. The goal is for students to fully familiarize themselves with the regulation of property relations in marriage, not only from the point of view of family law, but also in terms of the application of propertѕ law and obligation law legislation; and to develop knowledge and skills in the interpretation and application of law in this area of legal relations through the analysis of judicial practice through the lens of legal theoretical positions. | ||||
| Learning outcomes | ||||
| Knowledge of the sources and basic institutes of Matrimonial Property Law; application of property and obligation law to property relations in marriage; correct interpretation of relevant regulations; application of substantive law to the factual situation; solving problem situations. | ||||
| Content | ||||
| Concept, importance and sources of marital property law. Characteristics of property relations in marriage and the particularity of the regulation of these relations. Matrimonial property regime in the history of law. The concept of the legal matrimonial property regime and its relationship with the contractual matrimonial property regime. Marriage contract - pro et contra. Concept and characteristics of marriage contract. The subject of the marriage contract. Alteration of the marriage contract. Some legal aspects of other contracts concluded by spouses (lifetime maintenance contract, gift contract and employment contract). The concept, role and importance of special property. The special property regime in comparative law. Special property regime in positive law. The concept, role and importance of joint property. Legal nature of joint property. Models of marital property in comparative law. Common property in positive law. Management and disposal of common property. Division of common property (subjects, time, methods and systems). Agreement and judicial division of joint property. Spouse's responsibility for obligations (general considerations and comparative legal presentation). Liability of spouses for obligations in positive law. The right to a family home (general considerations and comparative legal presentation). | ||||
| Teaching Methods | ||||
| Lectures, exercises (resolving hypothetical factual situations, case analysis, case law analysis, case simulation), consultations, self-study and preparation of seminar papers. | ||||
| Literature | ||||
| ||||
| Evaluation and grading | ||||
| Colloquium - pre-exam knowledge test, written exam and oral knowledge test - knowledge test at the final exam. | ||||
| Specific remarks | ||||
| - | ||||