Statutory requirements for the acquirer of a subjective right and the acquisition of the right to the community property of spouses

Abstract

In certain situations, the acquisition of a subjective right requires, in addition to the occurrence of an appropriate legal event (e.g. conclusion of a contract), that the acquirer fulfils specific con-ditions, such as obtaining an administrative permit or acting in good faith. In the doctrine and case law, it is usually assumed that in the case of spouses remaining in the statutory joint system it is sufficient for the right to be acquired to community property that only one spouse possesses the ap-propriate characteristic. However, this thesis does not deserve full approval, as it omits the wording and function of legal provisions introducing the said requirements.