Majetkové vztahy mezi manžely z pohledu kolize právních řádů
| Title in English | Matrimonial Property Rights from the Perspective of Conflict of Laws |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | mobile conflict; matrimonial property rights; mutability of applicable law; choice-of-law objectives; balancing |
| Attached files | |
| Description | The paper deals with the issue of mobile conflict in matrimonial property regimes with an international element from the perspective of choice-of-law objectives. The approach to this problem has undergone, against the background of specific doctrines and social conditions, a complex development that has given rise to several principles of its solution. These principles are, in the light of contemporary perception, guided by the legislator’s desire to achieve selected choice-of-law objectives which serve as their fundamental determinants. The elementary premise is the multiplicity of these objectives and, in many cases, the contradictory effects they produce, causing their mutual incompatibility. This creates a need to balance between them and to prioritize some to the detriment of others. In this context, it is necessary to address the question, in favor of which principle the objectives in question operate. The analysis of the individual choice-of-law objectives shows that the argumentation in terms of their operation is not universally accepted and in some cases this dissension leads to a decisive conclusion about the inappropriateness or inadmissibility of one of the principles. The aim of this contribution is therefore to answer the question whether, against the background of contemporary social conditions and choice-of-law doctrines, there are reasons for concluding that any of the potentially applicable general principles is inadmissible. |