Odkupna pravica po Stanovanjskem zakonu in skupno premoženje zakoncev : skupna ugodnost ali vložek posebnega premoženja v skupno?

slovenian

2014

volume 69, issue 1/2

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

In this article the authors first present the established case-law according to which the benefit of buying an apartment under the conditions of the Housing Act cannot be considered in favour of one of the spouses, but as a benefit of both, if a purchase was financed by community assets. In addition, the authors give arguments and illustrative examples that question the appropriateness of the established case-law in the situation, where none of the spouses was the housing right holder, however one of them realized the right to buy as a close family member of the housing right holder with his/her consent. The authors argue that in such situation the pecuniary nature of the right to buy should be reflected in the determination of shares on community property as a contribution of separate property of one of the spouses to the community property. The authors offer a solution that enables the right to buy to be taken into account in the determination of shares on community property with the minimum interference in the existing case-law.

20.01.2017