ADMINISTRATION AND DISPOSAL OF THE JOINT PROPERTY OF SPOUSES IN REPUBLIC OF MACEDONIA

Abstract

The term "administration of the joint property" means the entirety of factual and legal actions, as well as the various measures taken for the purpose of preserving the items of property and their normal economic exploitation. Administration includes works related to: repair, storage and maintenance of items of the joint property. Disposal of the joint property of spouses means undertaking those legal actions that require the highest authorizations that the owner may have over the property. Authorization of disposal with the items means alienation or burdening of the items of the joint property. Unlike the administration of these items, their disposal is only occasional and not continuous, but given that disposal requires the highest property authorizations over the item, the acts of disposal have the most important juridical consequences and as a result, are of a greater importance in practice than the administration acts. Spouses, as joint owners of the property, are authorized to jointly and in agreement manage and dispose of jointly owned items. These spousal rights with regard to the administration and disposal of the joint property are a consequence of the legal nature of the joint ownership of spouses and the way it is acquired, as well as the principle of equality and solidarity of spouses. Spouses, by contract can regulate the manner and size of administration and disposal of items of the joint property, but it should be borne in mind that these contracts are not final and unchanging; on the contrary, spouses may, depending on the circumstances, have the opportunity to contract something else at any time. In order to avoid possible disagreements and disputes in this sensitive sphere of the marital relations, the law has laid down the limits of the authorizations of the spouse, which administers the joint property. For this reason, the lawmaker uses the terms “regular administration”, “disposal under regular administration” and “extraordinary disposal”. Given that marital relations, as a principle, must be developed in mutual harmony, administration and disposal of the joint property by agreement, often in practice, means a silent allowance by one spouse, so that the other spouse performs the acts for which he is the most capable. With the acts of administration and disposal of the jointly owned items, the spouses realize their property rights and obligations in marriage. The law has provided for the possibility, for spouses with written contracts to agree on acts of administration and disposal of the items of the joint property, however, the legislator has also regulated the possibility of abusing the rights deriving by the contract, by Article 71/4 of the Law on Ownership and other Real Rights, according to which: “each spouse can break the agreement for management or disposal of the joint property at any time, unless when obvious damage is inflicted on the other spouse with the breaking of the agreement”.