|Abstract:||Marriage is one of the fundamental institutes, which is arranged in the area of family law, and it is very important for the formation of relationships between people. In Slovenia the main law for marriage is Law on Marriage and Family Relations Act (ZZZDR), which states that the main purpose of marriage is to design family. But by joining the law spouses must also accept certain rights and obligations. Arise both personal, such as the property consequences.
A civil regime in ZZZDR is arranged on obligatoren way. It is established that the marriage formed three pecuniary gain, separate property of each spouse and the total assets. The spouses may agree that their separate property becomes their common property, but can not agree that it would not be property, which you can get to work during the marriage, total. So they only have a partial contractual autonomy, because they can conclude all legal transactions which may conclude with third parties, but only if they are not in conflict with ZZZDR.
It follows that the main drawback ZZZDR in this area is that it is not possible to complete the change of legal property regime by concluding marriage contracts. Marriage contract (pacta nuptialia) is a specific agreement regulating property relations between spouses on the basis of the disposition of the parties to the spouse regulate and coordinate all property rights and common interests in mutual relations, as well as to third. By the ZZZDR spouses do not have complete freedom of contract and this means violation of the principles of autonomy of the parties' will and dispositive legal norms.
A number of legal gaps, deficiencies and non-compliance with the latest regulations ZZZDR in recent years, suggesting the need to recast the legislation in the field of family law. The Family Code, that is suggested to eliminate defects and substantially changed the disputed provisions ZZZDR, was rejected on referendum by 2012, but the National Assembly is now again running public debate indicates its adoption. With its adoption would be possible to conclude a marriage contract and spouses should be able to decide on the organization so special, as well as common mutual property. If, however, this would not have wanted figures would mean a statutory regime that applies now after ZZZDR. With this arrangement our legislation would be closer to other European countries, including the organization of a marriage in Austria.
The institute of marriage is the Austrian legal system governed by the General Civil Code (ABGB), complemented by Marriage (Ehegesetz). Spouses under current Austrian law fully accepting the possibility of autonomous organizing property regime. As the legal property system has established a system of separate property, according to which each spouse remains the owner of the property, which he had at marriage and property acquired by working during the marriage. Such arrangements, however, the spouses may exclude the marriage contract and in a way that is appropriate for them, regulate their mutual matrimonial property. So as we can see autonomy spouses under the law in Austria is much higher than the legal system in force in Slovenia. The thesis will detail the comparison made marriage contract in Slovenia by DZ and in Austria.|