Protection of Contracting Party Equality in Marriage Contracts

Stjepanović, Bogdana and Rajić Ćalić, Jovana (2025) Protection of Contracting Party Equality in Marriage Contracts. Pravni zapisi, 16 (2). pp. 441-476. ISSN 2217-2815

Text 08-Bogdana-Stjepanovic-i-Jovana-Rajic-Calic.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (208kB)

Abstract

The protection of the equality of contracting parties in marriage contracts is a key prerequisite for achieving fairness in such legal relationships. The paper analyzes potential solutions and suggests ways to integrate them into the Serbian legal system, in the absence of adequate mechanisms to protect the equality of the contracting parties. This study focuses on concrete legal mechanisms, providing brief relational contract theory insights about their dynamic nature. The paper presents a thorough analysis of protective measures for both the formation and execution of contracts by drawing essential lessons from German civil law, which has developed sophisticated judicial review systems. The study also assesses how gender equality principles work to resolve the previous legal inequalities that existed in these agreements. The paper outlines specific mechanisms that should be implemented in the Serbian legal system, applying doctrinal and comparative legal methods.

Actions (login required)

View Item