Legal basis of matrimonial property foudations

Abstract

The object of our research is the property relations meaning the property gained during the matrimony period, the real estate and its separation in case of divorce when the registration of the property that is under appeal is made on the name of one mate in the civil register.

One of the main subjects of the family law is couple and the basis of the legal relations between them is a matrimony. The main part in the legislation takes the property regulation taking into consideration the concept of determination in the matrimonial relations. The matrimonial registration must be fulfilled in the civil register territorial service of the ministry of Justice of Georgia. The mentioned registration causes the legal results between the mates. The definite rule regulates both public and social interests and the protection of the property rights of mates and their children.

It’s stated in the paper that based on the civil code the public and private relations are founded on the persons’ gender balance and personal property. The family law is a branch of civil law consisting of particular family law institutions and regulates such relations which are based on the matrimonial and family relations. The sphere of its regulations is not the family itself but the matrimonial relations among the family members. Thus including such matters as marriage, divorce, matrimonial property, their rights and obligations and commitments before each other and children, etc. The matrimonial relations based on the legal nature can be viewed as personal and private.

The author also emphasizes that the matrimonial property can be individual property, meaning the property that belonged to each of the mates before marriage and the property that is gained during the mutual living by ancestors or as a present, or the property bought together by the mates if it is intended to meet one of the mate’s demands and co-property that is gained during the mutual living. Based to the Georgian civil code the article 1163, the property of each mate may be considered as the matrimonial co-property, if it is determined that the amount of this property has increased greatly based to the corresponding purchases (planning, construction ending, alteration, etc.).