Doctoral defence: Susann Liin "Community of property and administration of joint property"

On 11 December at 14:00 Susann Liin will defend her doctoral thesis "Community of property and administration of joint property".

Supervisor:
Professor Janno Lahe, University of Tartu

Opponent:
Professor Dr. Michael Stürner, University of Konstanz
Dr. iur. Priidu Pärna

Summary:
General rule that spouses have to manage joint property together should be tossed in the dustbin of history
If spouses have opted for community of property, it must be borne in mind that almost all decisions must be made jointly. In practice, however, this does not suit many people. It would be more reasonable to change the general rule and give spouses more independent decision-making power.
Spouses in Estonia can arrange their property relations in three ways, but over 80% have chosen joint property. However, spouses are often unaware that, according to the law, one spouse can only make a bank transfer or sell an old car if the other spouse agrees. Consent is also required for any investment in a company or sale of securities – something that entrepreneurs and investors often fail to consider.
The doctoral thesis examined why community of property binds spouses so strongly and how the regime has become so different from what people commonly believe about it. Secondly, it was asked what spouses must do jointly and what they could decide on their own.

The idea behind community of property is old, but the social order is new
Community of property was already known in the Middle Ages, but at that time there was no question of what spouses should do alone or together. A married woman could not make any transactions because she was under her husband's guardianship. The husband decided everything alone.
Change only came in the 20th century, when gender equality emerged, and spouses had to start making decisions together. It is interesting to note that it was also only then that joint ownership of spouses was introduced in Estonia, which had not previously been recognised and was even considered impossible under Roman law. Joint ownership bound spouses together, figuratively speaking, hand in hand.

Give me your hand – and you can never let it go!
So far, the attempts to reconcile community of property and gender equality have been unsuccessful. This is because the method has been wrong! Equality cannot simply be introduced into a centuries-old system by replacing words husband and wife with references to spouses.
The doctoral thesis concluded that, since the most common family form today is one in which both spouses work, the general rule should be flipped upside-down. The general rule should be that spouses are primarily free to act independently. In addition to this, a list of the most important matters that spouses should decide together could be included in the law. The general rule that spouses must do everything together should be tossed in the dustbin of history.

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