Thesis--Judge Advocate General's School, Charlottesville, Va., 1973. / Title from PDF t.p. (LLMC Digital, viewed on July 1, 2010). Typescript. Includes bibliographical references (leaf 51).

Thesis (doctoral)--Universität zu Rostock.

Thesis (doctoral)--Universität Erlangen.

Community property of spouses - termination and settlement The topic of my thesis is called Community property between spouses, its termination and settlement. I have chosen this particular topic because I am interested in this area and in civil law in general and also I find it very important. Community property of spouses is a specific type of property partnership, which can exist only between spouses. The community property of spouses origins and terminates together with the marriage. Upon the termination of marriage, community property of spouses also terminates and needs to be settled. The thesis is composed of six chapters which further include under-chapters and sections. At the beginning there is an introduction into the history and development of the legal regulations of community property of spouses. Attention is given to the great amendment of the Civil Code carried into affect by Act No. 91/1998 Coll., which has brought many changes into the legal regulations of community property of spouses. Chapter two defines the basic terms connected with the issue of the community property of spouses, namely concept, establishment, subject of community property of spouses, property assets and debits of the spouses, exclusive property of each of them and also community property in connection with...

As a thesis topic I have chosen court's decision on the settlement of community property of spouses. Community property is a one of the fundamental property of civil law. Court's decision on the settlement is then one way of settlement of property after his end. Community property is usually settles after the death of her husband or after a divorce. It combines both substantive issues and procedural . The topic I chose it because in my opinion it is an interesting issue, law insufficiently treated, and in practice very often . Undoubtedly there is a lot of practical problems in settlement of marital property, mainly because of the situation in which settlement occurs, the settlement participants are usually very mentally challenging. Problematic is also the ignorance of the law , and often the unwillingness to respect the rule of law . The aim of this work was to focus on the issues arising from judicial settlement. These arise from the need to take into account the behavior of spouses before the marriage and then of interests to be protected. Initially, I ran into a problem very brief statutory regulation, but it turned out that, together with the case law is sufficient. With the entry of the New Civil Code in force on 1 First 2014 I then briefly summarized the changes introduced and commented on the...

Proving in the process of termination and settlement of community property of spouses This thesis deals with the issue of evidence in civil proceedings in the process of termination and settlement of community property of spouses, primarily from the point of view of civil procedural law. However, it is necessary to discuss briefly the issues of civil substantive law. Therefore, Chapter One analyses general questions about community property of spouses as a concept of civil substantive law - the formation, alteration, termination and settlement of community property. The following chapters are listed according to the course of civil proceedings. Chapter Two focuses on the commencement of civil proceedings and the trial. Chapter Three concentrates on evidence. First, it answers some general questions about evidence and then it addresses the issue of evidence specifically in the process of termination and settlement of community property. Next it focuses on the stages and general principles of evidence, on the concept and the subject of proving and on individual means of proof. Subsequently, the thesis scrutinizes the position of the court and the parties to a case in the proving process and deals with the issue of burden of allegation and burden of proof. Furthermore, the chapter summarizes the...

Marriage is a topic that more or less concerns all of us. Community property is a financial aspect of marriage which is inseparably tied to it. Despite it being a fundamental problem, it is not well known to the general public. For this reason the aim of this diploma thesis is to clearly and systematically summarize the issue of contractual marital property law. For better understanding, the thesis defines basic terms of statutory matrimonial property regime, and focuses on parts of community property of spouses. Attention is focused on the issue of usual family equipment, because it was removed from the matrimonial property law due to recodification, which then instituted a new matrimonial regime: The Separate Property Regime. Except for the statutory matrimonial property regime, spouses are allowed to negotiate different property regime by using a contract of modification of community property of spouses. The contractual matrimonial property regime represents a major part of this thesis. First, the thesis deals with contractual matrimonial property regime, and then it mainly focuses on types of matrimonial property contracts, its contents and its limitations. It pays significant attention to registration of matrimonial property contracts, especially to the new publicly accessible list of...

Thesis (doctoral)--Universität Erlangen.

The aim of this thesis is to assess the impact of insolvency proceedings on the community property of spouses. The thesis is composed of six chapters. The first chapter describes general legal legislations of community property in the Civil Code. In the second chapter are defined relevant concepts of law in the insolvency proceedings related to the thesis topic as a list of assets, assets, incidental disputes, insolvency assets recourse. Fundamental part of the thesis deals with impact of the methods of solving the debtor' s insolvency on the community property and method of community property settlement in particular insolvency regimes - liquidation, discharge from bankruptcy by instalments, discharge from bankruptcy by selling the assets and reorganization. The last, the sixth chapter describes competition of the list of assets when both spouses are in the insolvency that is found in individual insolvency proceedings

The topic of my diploma thesis is "Law regulating property of spouses". The diploma thesis concerning marital property law is focused mainly on community property. This institute comes into power as a result of entering into a marriage. The aim of the diploma thesis is to describe ways how to secure separate property of spouses in a marriage. The thesis consists of seven chapters, the first chapter is an introduction to this topic and the seventh chapter is a conclusion. The second chapter of my thesis is devoted mainly to the historical development of the community property since 1811 to the current legislation often called as the "new" Civil Code (no. 89/2012). The diploma thesis describes in its third chapter which property consists of community property and which property is excluded from community property. The fourth chapter is focused on a division of community property in case of dissolution of a marriage. Community property can be divided equally between spouses (a husband and a wife) or differently. Spouses can agree on the division of property or it could be decided by court ruling. If either of the spouses does not ask for court decision, the division of community property is achieved by legal presumption (the rules set in the Civil Code for the division of property used after certain...