This paper is intended to serve as an introductory treatise on the subject of smart marriage contracts (SMC) as a manifestation of blockchain in
matrimonial property law of contracts. It starts with a description of the origin and functioning of an SMC from a technical standpoint, while evaluating the legal nature thereof at the same time. Afterwards, we focus on the possibilities and means of an SMC’s establishment under German, Austrian, and Slovak law. Moving on, issues related to the content of a marriage contract establishing an SMC are examined. Then it is tested the permissibility of an SMC-related provision in a marriage contract referred to as a “registration clause”. Finally, it is delved into the question whether the appearance of an SMC in a marriage contract introduces any peculiarities to issues of private international law, namely from the perspective of the EU Regulations on property regimes of international couples.
This paper concentrates on the comparation of the Slovak de lege lata legislation on alternative punishments with the legislation in Germany. From among alternative sentences the authors chose the sentence of house arrest and the sentence of community service. The authors focus on a brief historical development of the legal regulation of these alternative punishments, the reason for their introduction into the legal order of individual countries, how they have changed over time and what their current state is. In order to evaluate the legislation of alternative punishments in the chosen countries, the authors use the comparative method and formulate de lege ferenda proposals which can be found at the end of the article.
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