Summary

One of the purposes of the new draft Estonian Family Law Act is to carry out a revolution in the proprietary relations between spouses. According to some arguments, joint property was introduced in Estonia by the Soviet regime. Relying on the provisions governing joint property of spouses in the Baltic Private Act passed in 1864 and in the Acts on the peasantry in Estonia and Livonia adopted in the 19^th century, the author of the article argues that the concept of joint property of spouses was already known in the law in force in the Baltic countries. Furthermore, joint property of spouses was very common even before entry into force of the Baltic Private Act. For example, joint property of spouses was prescribed by the law of the town of Narva and in respect of rural ministers of religion who were not noblemen. Although the validity of the concept of joint property of spouses was repeatedly questioned in the town law of Livonia, the prevailing position was still in favour of the concept. The Acts on the peasantry in Estonia and Livonia also relied on the concept despite the fact that the existence of joint property in reality was questioned. The land law rules of the Baltic Private Act having the effect of subsidiary law in relation to the law of peasantry prescribed the principle of joint property of spouses. The author also examines the Russian civil law in force before 1917, which provided for full separation of the property of spouses. This principle was also taken over to the first Soviet Civil Code. It was only in 1926 when the Russian Soviet Federal Socialist Republic adopted the Marriage, Family and Custody Code that any property acquired during marriage was started to be treated as the joint property of the spouses.