Smlouvy související se společným jměním manželů a jejich vliv na jeho následné vypořádání

Abstract

The diploma thesis deals with issues of agreements related to the joint property of spouses (hereinafter referred to JPS) and their influence on its subsequent settlement. The goal of the thesis is to identify by which contracts JPS can be modified, which contract is preferable to use in a particular situation, what is a difference between these contracts (what are the differences among these contracts) and especially what effect they have on the settlement of JPS in case of its dissolution. In the theoretical part there is illustrated the concept of “joint property of spouses”, its scope, history and disposal of JPS, there are explained the particular contracts related to JPS (premarital contract, contract of JPS extension, contract of JPS limiting and contract of appropriation of the creation of JPS to day of dissolution of marriage), their advantages and disadvantages, influence of agreements modifying joint property of spouses on the responsibility of spouses for obligations and settlement of dissolved JPS. The practical part consists of concrete examples of contracts related to JPS (individual contracts are listed in the appendix). In the thesis there is further compared JPS settlement in the case of absence and presence of those contracts. The thesis can serve as a basic source of information, which can be used by people considering to conclude (pre)marital agreement.