Community property of spouses with a special focus on its termination

COMMUNITY PROPERTY OF SPOUSES WITH A SPECIAL FOCUS ON ITS TERMINATION The basic legal framework of a community property of the spouses is codified in the Civil Code. In its provisions it is defined as a property community, which is bound to a formation of marriage and which can come into existence only between husband and wife. The community property of the spouses cannot occure either in a null marriage either between the unmarried partners or between the partners of the same sex, even they contract a same-sex marriage under the rule of law No. 115/2006 Sb. In many aspects, the property relations between the spouses are different from other property relationships, which rise between the unmarried partners or between the partners of the same sex. The legal consequences of a marriage contracting influence mutual relationship between the spouses as well as the legal relationship between the spouses and the third persons. In the sphere of a property law it is concerned a special sort of a joint ownership of the common property of spouses. Both husband and wife are the owners of a whole thing, they have the right to posses and use a thing, but both of them are limited by the partner's same right. In the sphere of an obligation law, the obligations related to the common property are the solidary..