PRAVNI ZAPISI • Year XVI • no. 2 • pp. 477–498

PROTECTION OF CONTRACTING PARTY EQUALITY IN MARRIAGE CONTRACTS

Language: English

Bogdana Stjepanović

Research Associate, Institute for Political Studies, Serbia
e-mail: bogdana.stjepanovic@ips.ac.rs
ORCID ID: 0000-0002-9504-473X

Jovana Rajić Ćalić

Research Associate, Institute of Comparative Law, Serbia
e-mail: j.rajic@iup.rs
ORCID ID: 0000-0003-4658-3451

Pravni zapisi, No. 2/2025, pp. 441-476
Review Article
DOI: 10.5937/pravzap16-61333

KEY WORDS

Marriage Contract, Equality of Contracting Parties, Autonomy of Will, Legal Safeguards, Comparative Law, Relational Contract Theory, Property

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.