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Provisions related to forced marriage in Estonia are found in the 2010 Family Law Act, which addresses a marriage contracted by fraud, threat or violence at Article 9.
There appears to be no legislation in Estonia that prohibits servile matrimonial transactions.
There appears to be no legislation in Estonia that prohibits marriage trafficking.
The minimum age for marriage in Estonia is 18, without differentiation by gender, as set out on Article 1(2) of the 2010 Family Law Act. Where marriages are conducted involving a person below the minimum age, the court may annul the marriage, as set out on Article 9(1) of the 2010 Family Law Act. There are no exceptions allowing marriage below this minimum age.
Eastern Europe
European Court of Human Rights
Civil
Article 11
Rights and freedoms may be restricted only in accordance with the Constitution. Such restrictions must be necessary in a democratic society and shall not distort the nature of the rights and freedoms restricted.
Article 15
Everyone whose rights and freedoms are violated has the right of recourse to the courts. Everyone has the right, while his or her case is before the court, to petition for any relevant law, other legislation or procedure to be declared unconstitutional.
The courts shall observe the Constitution and shall declare unconstitutional any law, other legislation or procedure which violates the rights and freedoms provided by the Constitution or which is otherwise in conflict with the Constitution.
Article 18
No one shall be subjected to torture or to cruel or degrading treatment or punishment.
No one shall be subjected to medical or scientific experiments against his or her free will.
Article 19
Everyone has the right to freely develop his/her personality.
Everyone shall honor and consider the rights and freedoms of others, and shall observe the law, in exercising his or her rights and freedoms and in fulfilling his or her duties.
Article 20
Everyone has the right to liberty and security of person.
No one shall be deprived of his or her liberty except in the cases and pursuant to procedure provided by law:
1.to execute a conviction or detention ordered by a court;
2.in the case of non-compliance with a direction of the court or to ensure the fulfillment of a duty provided by law;
3.to combat a criminal or administrative offence, to bring a person who is reasonably suspected of such an offence before a competent state authority, or to prevent his or her escape;
4.to place a minor under disciplinary supervision or to bring him or her before a competent state authority to determine whether to impose such supervision;
5.to detain a person suffering from an infectious disease, a person of unsound mind, an alcoholic or a drug addict, if such person is dangerous to himself or herself or to others;
6.to prevent illegal settlement in Estonia and to expel a person from Estonia or to extradite a person to a foreign state.
No one shall be deprived of his or her liberty merely on the ground of inability to fulfill a contractual obligation.
Article 29
An Estonian citizen has the right to freely choose his or her area of activity, profession and place of work. Conditions and procedure for the exercise of this right may be provided by law. Citizens of foreign states
and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.
No one shall be compelled to perform work or service against his or her free will, except service in the armed forces or alternative service, work to prevent the spread of an infectious disease, work in the case of a natural disaster or a catastrophe, and work which a convict must perform on the basis of and pursuant to procedure established by law.
The state shall organize vocational training and shall assist persons who seek employment in finding work.
Working conditions shall be under state supervision.
Everyone may freely belong to unions and federations of employees and employers. Unions and federations of employees and employers may uphold their rights and lawful interests by means which are not prohibited by law. The conditions and procedure for the exercise of the right to strike shall be provided by law.
The procedure for resolution of labor disputes shall be provided by law.
The Constitution of the Republic of Estonia 1992 (revised 2015) (PDF
Article 133. Trafficking in human beings
(1) Placing a person, for the purpose of gaining economic benefits or without it, in a situation where he or she is forced to marry, work under unusual conditions, engage in prostitution, beg, commit a criminal offence or perform other disagreeable duties, and keeping a person in such situation, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless or vulnerable situation of the person, is punishable by one to seven years’ imprisonment.
(2) The same act if:
1) committed against two or more persons;
2) committed against a person of less than eighteen years of age;
3) committed against a person in a helpless situation; 4) committed in a torturous or cruel manner;
5) serious health damage is caused thereby;
6) danger to life is caused thereby; 7) committed by a group;
8) committed by taking advantage of official position,
9) serious consequences are caused thereby;
10) committed by a person who has previously committed a criminal offence provided for in this section or §§ 1331, 1332, 1333 or 175; is punishable by three to fifteen years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
31) In the case of any criminal offence provided for in this section, if committed by a person who has previously been punished for a crime provided for in this section or §§ 1331, 1332, 1333 or 175 of this Code the sentence imposed shall not be suspended in full.
(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
(5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to commit any of the acts specified in subsection (1) of this section.
Section 1331. Support to human trafficking
(1) Transportation, delivery, escorting, acceptance, concealment or accommodation without prior authorisation of a person placed in a situation specified in subsection 133 (1) of this Code, or aiding without prior authorisation his or her forced acts in any other way,
is punishable by up to five years’ imprisonment.
(2) The same act if:
1) committed against two or more persons;
2) committed against a person of less than eighteen years of age;
3) committed against a person in a helpless situation;
4) committed by taking advantage of official position,
is punishable by two to ten years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
(4) For the criminal offence provided for in this section, the court shall impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of Section 832 of this Code
Article 1332. Pimping
(1) Organisation of a meeting of a person engaged in prostitution with a client, owning, managing of a brothel, aiding of prostitution or renting of premises for keeping a brothel, or influencing of a person to cause him or her to commence or continue prostitution, if the act does not contain the necessary elements of an offence provided for §§ 133 or 1331 of this Code, is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act if:
1) committed by a person who has previously committed an offence provided for in this section or §§ 133, 1331, 1333or 175;
2) committed for the purpose of large proprietary gain, is punishable by one to five years’ imprisonment.
(3) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
(31) In the case of any criminal offence provided for in this section, if committed by a person who has previously been punished for a crime provided for in this section or §§ 133, 1331, 1333 or 175 of this Code, the sentence imposed shall not be suspended in full.
(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
(5) For the purposes of this section, a brothel denotes any premises or limited area where a third party mediates the engagement of two or more people in prostitution or aids engagement of two or more people in prostitution.
Article 134. Abduction
(1) Taking or leaving a person, through violence or deceit, in a state where it is possible to persecute or humiliate him or her on grounds of race or gender or for other reasons, and where he or she lacks legal protection against such treatment and does not have the possibility to leave the state,
is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed:
1) against two or more persons; or
2) against a person of less than eighteen years of age,
is punishable by two to ten years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
Article 136. Unlawful deprivation of liberty
(1) Unlawful deprivation of the liberty of another person
is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age,
is punishable by one to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
Article 138. Forcing person to donate organs or tissue
(1) Placing a person in a situation where organs, tissue or cells are removed from him or her, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless situation or vulnerable situation of the person and such act does not contain the necessary elements of an offence provided for in § 118 of this Code, is punishable by up to five years’ imprisonment.
(2) The same act if:
1) committed against two or more persons;
2) committed against a person of less than eighteen years of age;
3) committed against a person in a helpless situation;
4) committed in a torturous or cruel manner;
5) serious health damage is caused thereby;
6) danger to life is caused thereby;
7) committed by a group;
8) committed by taking advantage of official position,
9) serious consequences are caused thereby;
is punishable by two to ten years’ imprisonment
Article 139. Illegal removal of organs or tissue
(1) Removal, for transplantation purposes, of human organs or tissue by a person with the corresponding right arising from law, if the person from whom the organs or tissue are removed has not been notified of the essential potential dangers arising from the removal of organs or tissue before he or she grants consent thereto, or if the person removing the organs or tissue was aware that the person from whom the organs or tissue are removed will receive remuneration therefore, is punishable by a pecuniary punishment or up to one year’s imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
Article 140. Inducing person to donate organs or tissue
(1) Illegal inducing of a person to grant a consent for removal of his or her organs, tissue or cells, if the act does not contain the necessary elements of an offence specified in §§ 118 or 1381 of this Code, is punishable by a pecuniary punishment or up to one year’s imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by up to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
Article 175. Human trafficking with respect to minors
(1) Influencing of a person of less than eighteen years of age, for the purpose of gaining economic benefits or without it, in order to cause him or her to commence or continue engagement in prostitution or commission of criminal offences, work under unusual conditions, beg or marry against his or her will or appear in pornographic or erotic performances or works if it does not contain the necessary elements of an offence provided for in § 133 of this Code, and aiding in other manner in the activities specified in this section of a person of less than eighteen years of age, is punishable by two to ten years’ imprisonment.
(11) The same act if committed by a person who has previously committed a criminal offence provided for in this section or §§ 133-1333, § 1751 or §§ 178-179, is punishable by three to ten years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
(31) In the case of any criminal offence provided for in this section, if committed by a person who has previously been punished for a crime provided for in this section or §§ 133, 1331, 1332, 1333, 1751, 178, 1781 or 179 of this Code, the sentence imposed shall not be suspended in full.
(3) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
Article 27
The family, being fundamental to the preservation and growth of the nation and as the basis of society shall be protected by the state.
Spouses have equal rights.
Parents have the right and the duty to raise and care for their children.
The protection of parents and children shall be provided by law.
The family has a duty to care for its needy members.
Article 29
An Estonian citizen has the right to freely choose his or her area of activity, profession and place of work. Conditions and procedure for the exercise of this right may be provided by law. Citizens of foreign states and stateless persons who are in Estonia have this right equally with Estonian citizens, unless otherwise provided by law.
No one shall be compelled to perform work or service against his or her free will, except service in the armed forces or alternative service, work to prevent the spread of an infectious disease, work in the case of a natural disaster or a catastrophe, and work which a convict must perform on the basis of and pursuant to procedure established by law.
The state shall organize vocational training and shall assist persons who seek employment in finding work.
Working conditions shall be under state supervision.
Everyone may freely belong to unions and federations of employees and employers. Unions and federations of employees and employers may uphold their rights and lawful interests by means which are not prohibited by law. The conditions and procedure for the exercise of the right to strike shall be provided by law.
The procedure for resolution of labor disputes shall be provided by law.
§ 1. Prerequisites for contraction of marriage
(1) A marriage is contracted between a man and a woman.
(2) Only adults may get married.
(3) A court may extend the active legal capacity of a person who has attained at least 15 years of age pursuant to the provisions concerning the extension of active legal capacity of minors for the performance of acts required for the contraction of marriage and for the exercise of the rights and performance of the obligations related to marriage.
(4) An adult with restricted active legal capacity may marry only if he or she understands sufficiently the legal consequences of marriage. If a guardian has been appointed to a person, it is presumed that the person is unable to understand the legal consequences of marriage unless otherwise provided in the ruling concerning the appointment of a guardian.
§ 9. Grounds for annulment of marriage by court
(1) A court may annul a marriage by an action if:
1) a requirement for marrying age or active legal capacity has been violated upon the contraction of the marriage;
2) the prohibition on marriage provided for in §§ 2-4 of this Act has been violated upon the contraction of the marriage;
3) the formal requirements prescribed in subsections 7 (2) – (4) of this Act have been violated upon the contraction of the marriage;
4) at the time of contraction of the marriage, at least one spouse had a temporary mental disorder or was incapable to exercise his or her will for any other reason;
5) the marriage was contracted by fraud, threat or violence, including by concealing the state of health or other personal details of a spouse, where such details are relevant to the contraction of the marriage;
6) it was not the intention of one or neither of the parties to perform the obligations arising from the marital status, but the marriage was contracted with other intentions, in particular with an aim to obtain a residence permit of Estonia (ostensible marriage).
(2) Annulment of marriage cannot be claimed if a spouse has concealed his or her financial status.
§ 10. Nullity of marriage
A marriage is void if:
1) persons of the same sex are married;
2) contraction of the marriage has been confirmed by a person who does not have the competence of a registry official of a vital statistics office, or
3) even only one party has not expressed his or her will to contract marriage.
§ 11. Grounds for refusal to annul marriage
A marriage shall not be annulled if:
1) the requirement for marrying age has been violated but, by the time of annulment of the marriage, the court has extended the active legal capacity of the minor to marry or if upon becoming an adult the spouse confirms that he or she wishes to continue the marriage;
2) the requirement for active legal capacity has been violated, but the adult spouse whose active legal capacity was restricted at the time of contraction of the marriage confirms after restoration of his or her active legal capacity that he or she wishes to continue the marriage;
3) the spouse who contracted marriage in a state where he or she was incapable to exercise his or her will confirms after restoration of his or her capability that he or she wishes to continue the marriage;
4) in the case of an ostensible marriage, the spouses have lived together as spouses for at least three years or children have been born in the marriage.
§ 12. Right to file action
(1) An action for annulment of marriage may be filed:
1) in the case of violation of subsections 1 (2) – (4), §§ 2 – 4, subsections 7 (2) – (4) and clauses 9 (1) 4) or 6), by both spouses and the Minister of Regional Affairs, and in the case of violation of § 4 of this Act, also by any other person whose rights have been violated by the contraction of the marriage;
2) by the spouse who has contracted marriage under influence of fraud, threat or violence.
(2) An adult spouse with restricted active legal capacity may file an action with the consent of the guardian. The guardian may file an action on behalf of a spouse with restricted active legal capacity.
(3) If, at the time of contraction of marriage, a spouse who is a minor did not have active legal capacity required for the contraction of the marriage, an action shall be filed by his or her legal representative. In other cases, a spouse who is a minor shall file an action himself or herself without the need for the consent of the legal representative.
§ 13. Expiry of right of claim for annulment of marriage
(1) Expiry of claims for annulment of marriage shall not be applied.
(2) If a marriage is contracted in a state where a person is incapable to exercise his or her will, a claim for annulment of the marriage may be filed within one year as of restoration of the capability to exercise his or her will. If a marriage is contracted under the influence of fraud, threat or violence, a claim for annulment of the marriage may be filed within one year as of discovery of the mistake or fraud or termination of the influence of threat or violation.
(3) For the legal representative of a spouse with restricted active legal capacity the limitation period for filing an action commences not earlier than on the date on which circumstances enabling annulment of the marriage become known to him or her or, in the case of a spouse who is a minor, not earlier than on the date on which the spouse becomes an adult. If the legal representative of a spouse with restricted active legal capacity fails to submit an action in due time, the spouse may file an action himself or herself within six months as of becoming an adult or as of restoration of his or her active legal capacity.
(4) An action cannot be filed if a marriage has been terminated unless at least one of the spouses was already married at the moment of contraction of the marriage.
§ 14. Consequences of annulment of marriage
(1) If a court judgement concerning annulment of a marriage has entered into force, the marriage is void from inception.
(2) In the case of nullity of a marriage, the marital property contract is void. Unless otherwise provided by the relations between the parties, the provisions concerning civil law partnerships apply to their proprietary relations.
(3) If a marriage is annulled because one of the prospective spouses concealed from the other prospective spouse that he or she was already married, or influenced the other spouse to marry by fraud, threat or violence, a court may order support for the person who was in a void marriage with him or her and apply the provisions of this Act concerning the provision of maintenance to a divorced spouse. A court may, at the request of the party induced to contract marriage, apply the provisions of Subdivision 1 of Division 2 of Chapter 4 of this Act to the proprietary relations of the parties.
§ 15. Matrimonial cohabitation and rights and obligations of spouses
(1) By marrying a man and a woman commence marital cohabitation which obligates them to respect and support each other. Spouses have equal rights and obligations with respect to each other and family. They organise together their marital cohabitation and satisfaction of the needs of their family considering the well-being of each other and their children and they shall each accept responsibilities relating to marriage with regard to the other.
(2) Spouses participate in the organisation of shared household and earning of income to the best of their ability. A spouse shall select his or her area of activity and operate in his or her area of activity by making the best use of his or her ability to obtain the assets for maintenance of his or her family.
(3) Non-performance of the obligations provided for in subsections (1) and (2) of this section can only be the basis for a divorce claim.
§ 16. Obligation to provide maintenance to family
(1) Spouses have reciprocal obligations to maintain their family by their work and assets.
(2) Maintenance of family includes the activities and proprietary contributions necessary according to the living conditions of the family for covering the expenses of shared household and for the satisfaction of the common and special needs of both spouses and the children dependent on them (expenses made in the interests of the family).
(3) If spouses are legally separated, each spouse shall provide maintenance in regularly paid amounts of money for the satisfaction of the common needs of the other spouse on the same basis as in the case of maintenance of the family pursuant to subsections (1) and (2) of this section. A separated spouse is not entitled to claim maintenance from the other spouse, if he or she is able to maintain himself or herself or if legal separation was caused by his or her conduct.
(4) A spouse may claim the performance of the obligation to provide maintenance or compensation for damage incurred due to failure to perform the obligation retroactively for up to one year before filing an action concerning maintenance with a court.
§ 17. Expenses made on family
If one spouse makes bigger monetary expenses on his or her family than the other spouse, it is presumed that he or she does not have the right to require compensation from the other spouse for the financial resources he or she has contributed more.
§ 22. Distribution of consumer property in case of legal separation
(1) If spouses are legally separated, a spouse shall not claim the objects belonging to him or her which were used in the interests of the family in the case the other spouse needs the objects in his or her separate household and the other spouse has a legitimate interest to continue to use the objects.
(2) The objects of standard furnishings of a housing of a family owned jointly by the spouses shall be divided between them on the basis of the principle of equity.
(3) If spouses fail to reach an agreement upon the distribution of property, a court shall decide the matter in proceedings on petition. A court may determine reasonable charge payable for the use of the objects. The provisions of this section do not affect the right of ownership of the objects unless otherwise agreed by the parties.
§ 23. Shared housing in case of legal separation
(1) If spouses are legally separated or one of them wants to live separately, the spouse may request that the other spouse transfer to him or her the shared housing of the family or a part of it for his or her sole use if this is necessary in order to avoid major personal conflicts. Upon making a decision, ownership relations and restricted real rights in the immovable where the housing of the
family is located shall be taken into account. A certain term may be established for the transfer of housing which shall not exceed the period of time until the termination of marriage.
(2) If one spouse is required to transfer the housing of the family or a part of it to the other spouse for the sole use thereof, he or she may demand equitable user fee for that.
§ 24. Selection of proprietary relationship
(1) Prospective spouses may, by agreement, select a proprietary relationship from among the types of proprietary relations set out in Division 2 of this Chapter before the contraction of marriage by an application for marriage pursuant to the procedure prescribed in the Vital Statistics Registration Act. The abovementioned declaration of intention takes effect upon the contraction of marriage.
(2) If the prospective spouses do not select a proprietary relationship by an application for marriage and do not enter into a marital property contract, the provisions regarding jointness of property shall apply to their proprietary relations as of the contraction of marriage.
(3) If spouses select a proprietary relationship by an application for marriage and, in addition, enter into a marital property contract, the marital property contract shall be applied to the proprietary relations between the spouses.
§ 27. Separate property
(1) Joint property does not include the separate property of neither of the spouses.
(2) The separate property of a spouse includes:
1) personal effects of the spouse;
2) objects which were in the ownership of the spouse before the marriage or objects acquired by the spouse during the marriage by disposal without charge, including as a gift or by succession;
3) objects which the spouse acquires on the basis of a right belonging to his or her separate property or as compensation for the destruction of, damage to or seizure of objects included in his or her separate property or on the basis of a transaction entered into with regard to his or her separate property.
(3) The expenses incurred by both spouses in the form of work and proprietary performance during jointness of property in order to receive benefit from the property (necessary and useful expenses) are not included in separate property. The value of such expenses shall be included in the joint property of the spouses.
(4) Single objects or certain type of objects may be declared to be joint property or separate property by a marital property contract.
(5) A spouse shall administer his or her separate property independently and at his or her own expense.
(6) An object of property shall be deemed to be included in the joint property of the spouses until the inclusion thereof in the separate property of a spouse is proved. Inclusion of an object of property in the separate property of a spouse shall apply with regard to third persons only in accordance with the provisions of § 61 of this section.
§ 28. Principles of joint administration of joint property
(1) Unless otherwise agreed, spouses shall jointly exercise the rights and perform the obligations relating to joint property. Spouses have the right to possess jointly the objects forming part of their joint property.
(2) Spouses may transfer the right to administer joint property to one of the spouses by a marital property contract.
(3) Spouses shall administer joint property in the interests of matrimonial cohabitation and regular management of the property. They shall inform each other of the acts of administration of property and of the financial status.
(4) A spouse may require conclusion of transactions necessary for correction of an entry concerning an object included in the joint property to be entered in the register.
§ 40. Creation of proprietary relationship of set-off of assets increment
If, upon contracting marriage, set-off of assets increment is selected pursuant to the procedure prescribed by the Vital Statistics Registration Act or established by a marital property contract, the share added to the property of each spouse during a proprietary relationship (acquired assets) shall be set off between the spouses. The proprietary relationship of set-off of assets increment does not affect the ownership of the proprietary rights acquired by a spouse before entry into force of or during the proprietary relationship.
§ 57. Creation of separateness of property
(1) Upon marriage spouses may select separateness of property as a proprietary relationship pursuant to the procedure provided for in the Vital Statistics Registration Act or prescribe separateness of property as a proprietary relationship by a marital property contract.
(2) Separateness of property arises also upon the termination of jointness of property based on a marital property contract or § 36 of this Act unless another type of proprietary relationship is prescribed by the marital property contract. The same applies if the proprietary relationship of setoff of assets increment is terminated based on a marital property contract or § 45 of this Act.
§ 59. Marital property contract
(1) Spouses may, by agreement (hereinafter marital property contract):
1) terminate a selection made upon marriage or a proprietary relationship valid on the basis of a marital property contract;
2) establish another proprietary relationship prescribed by law, or
3) change a proprietary relationship in the cases prescribed by law.
(2) A marital property contract may be entered into before or during a marriage. A marital property contract entered into before marriage enters into force on the date of contraction of marriage.
§ 63. Grounds for termination of marriage
A marriage terminates if a spouse dies or the marriage is divorced.
§ 64. Divorce granted by vital statistics office
A vital statistics office may grant divorce upon agreement of the spouses on the basis of a joint written petition. A divorce may be granted by a vital statistics office if both spouses reside in Estonia.
§ 65. Divorce granted by court
(1) A marriage may be divorced by a court judgement on the basis of an action of one spouse against the other spouse.
(2) A court grants divorce if the spouses disagree about the divorce or the circumstances relating to the divorce or if a vital statistics office is not competent to grant divorce.
§ 68. Housing of family in case of divorce
(1) If upon termination of marriage the spouses fail to reach an agreement with regard to further use of a dwelling and the objects of the standard furnishings belonging thereto, each spouse has the right to require that the rights and conditions for use of each spouse with respect to the abovementioned objects be determined by court. A court shall take the well-being of children and other important circumstances into particular account.
(2) If a dwelling used as a common housing of the family is in sole ownership of one spouse or in common ownership of on spouse and a third party, a court shall grant the use of the dwelling to the other spouse only in case it is necessary to prevent injustice. The same applies if one spouse alone or with a third party has a real right in the registered immovable where the common housing of the family is located.
(3) In the case of a dwelling used on the basis of a lease relationship, a court may order that one of the spouses continues to perform the residential lease contract entered into by both spouses as a lessee or that the other spouse becomes a party to the residential lease contract as a lessee in lieu of the spouse who entered into the contract. At the request of a lessor, a court may prescribe provision of security for the performance of a lease contract.
(4) If a dwelling is used on the basis of a contract other than a residential lease contract, a court may transfer the rights arising from this contract to one of the spouses or order that the other spouse becomes a party to the contract in lieu of the spouse who entered into the contract.
(5) In the cases provided for in subsection (2), the court may determine reasonable charge for the use of a dwelling. In case of significant changes in the circumstances, a court may amend a ruling made earlier concerning the transfer of the right of use of a dwelling or concerning determination of charge for use.
§ 69. Property connected with housing of family in case of divorce
(1) At the request of a spouse, a court shall divide the objects of standard furnishings of the housing of the family which are in common ownership of the spouses fairly and rationally.
(2) An object of standard furnishings connected with the housing of the family which the spouses have acquired during marriage for a charge for use in their shared household, shall be deemed to be in the joint ownership of the spouses in the case of division of property pursuant to subsection (1) of this section unless the sole ownership of one spouse with respect to this object is proved.
(3) An object transfer into the ownership of the spouse to whom the court assigns the object. A court may require this spouse to pay fair compensation for the object to the other spouse.
(4) If one spouse or both spouses are liable for the performance of obligations related to objects specified in subsection (1) of this section as solidary obligors, a court may specify which spouse shall perform the obligation arising from the relations between them.
§ 72. Obligation to provide maintenance to divorced spouse caring for child
If, after divorce, a divorced spouse is unable to maintain himself or herself due to caring for the common children of the spouses, he or she may request provision of maintenance from the other divorced spouse until the child attains three years of age.
§ 73. Obligation to provide maintenance to divorced spouse in other cases
(1) If, after divorce, a divorced spouse is unable to maintain himself or herself due to his or her age or state of health and the need for assistance arising from age or state of health existed at the time of the divorce, he or she may request provision of maintenance from the other divorced spouse. Provision of maintenance due to age or state of health may be requested from the other divorced spouse also in case the need for assistance arising from state of health exsted at the time when the right to receive maintenance from the other divorced spouse on another basis provided by law terminated.
(2) The maintenance specified in subsection (1) of this section shall be paid as long as and to the extent as to which the person entitled to use maintenance cannot be presumed to obtain income.
§ 75. Support Order
(1) If the obligated party fails to perform the obligation to provide maintenance, a court shall, at the request of the entitled person, order support from the obligated party.
(2) A court may, at the request of the entitled person, order support as a single sum if there is good reason for that and the obligated party is not encumbered unfairly thereby.
§ 116. Principles of parent’s right of custody
(1) Parents have equal rights and obligations with respect to their children unless otherwise provided by law.
(2) Parents have the obligation and right to care for their minor child (hereinafter parent’s right of custody). The parent’s right of custody includes the right to care for the person of the child (hereinafter custody over person) and for the property of the child (hereinafter custody over property) and decide on matters related to the child.
(3) Upon caring for and raising a child, the parents shall take into account that the ability and need of the child to act independently and the responsibly of the child increases. If the development level of a child so allows, the parents shall discuss the caring and raising issues with the child.
§ 117. Parent who is granted right of custody
(1) The parents who are married to each other have joint custody over their child.
(2) If the parents of a child are not married to each other at the time of birth of the child, they shall have joint right of custody unless they have expressed their wish to leave the right of custody only to one of the parents upon submitting the declarations of intention concerning the acknowledgement of paternity.
§ 143. Right of access to child
(1) A child has the right to maintain personal contact with both parents. Both parents have the obligation and right to maintain personal contact with their child.
(2) A parent shall refrain from any action which is harmful to the relationship between the child and the other parent or which hinders raising of the child. The same provision applies if a child is cared for and raised by another person.
(3) A court may restrict the right of access or the enforcement of the earlier decisions made concerning the right of access or terminate the enforcement of earlier decisions made with respect to the exercise of the right of access or with respect to the right of access. A court may order that a parent or another person has access to a child in the presence of a suitable third person. If the third person is a rural municipality or city government or a legal person in private law, the rural municipality or city government or the legal person shall appoint a competent natural person to perform this duty.
(4) A court may prohibit or restrict access of a third person to a child. A court may impose an obligation on a person involved to refrain from any action which is harmful to the relationship between the child and his or her parents or which hinders raising of the child
(5) A court may apply the measures specified in this section also on its own initiative.
§ 145. Powers of decision of parents who are separated
(1) If parents who have joint right of custody are permanently separated, they shall jointly decide on essential matters relating to the child.
(2) The parent who has the right of custody and with whom a child resides with the consent of the other parent or on the basis of a court decision has the right to decide on everyday matters (usual care) of the child alone. As a rule, deciding on everyday matters means making usual decisions which occur often and which do not have a permanent effect on the development of the child.
(3) If a child stays with the other parent with the consent of the parent specified in subsection
(2) or on the basis of a court decision, the matters concerning usual care shall be decided by the other parent.
(4) A parent without the right of custody has powers of decision if a child stays with him or her with the consent of the other parent or another person who has the right of custody or on the basis of a court decision. A court may restrict the powers of decision of a parent without the right of custody in the interests of the child.