On principle, the law on the equality of rights leaves it to the spouses to come to an agreement on their proprietary relationship, and it establishes a subsidiary statutory regime only if no marriage settlement has been contracted. Contractual freedom is the sole appropriate basis to lead to adequate handling of property problems in the field of matrimonial property regime; statutory regime without contractual freedom would have to be considered as a strong burden. Thus the task of the legislator consisted in creating a statutory regime which in as many cases as possible does justice to both...
On principle, the law on the equality of rights leaves it to the spouses to come to an agreement on their proprietary relationship, and it establishes...