Administration of the Joint Property of Spouses and Their Running of a Business

Abstract

The article consists of four parts. Besides the introduction it presents the existing de lege lata regulation concerning the administration of the joint property of spouses. Also the existing solutions are appraised with respect to their usefulness for the running of the spouses' business. In Part III the article presents suggestions for changes of these solutions contained in the draft of changes to the Family-Guardianship Code worked out by the Codification Commission of the Civil Law. The whole is concluded by a brief summary.

 The injuriousness of the de lege lata binding conception of subjective administration of joint property should be stressed. According to the conception the material status of the family decides whether a given legal action exceeds the limits of ordinary administration or not. Firstly, such a criterion has a non-defined character; and secondly, it may often change. On the other hand, the regulation concerning administration of joint property contained in the Civil Law Codification Commission's draft changing the Family-Guardianship Code should be fully approved of.