The Concept of the Agreement Commonly Referred to as a Prenuptial Agreement Not Only in the Czech Republic

1 The Concept of the Agreement Commonly Referred to as a Prenuptial Agreement Not Only in the Czech Republic Abstract This thesis examines the conceptualization and legal framework of prenuptial agreements not only in the Czech Republic, but also in three other countries: the Swiss Confederation, the Republic of Austria, and the United States of America, with a particular focus on the State of New York. The aim of the thesis is not only to present the concept of the prenuptial agreement in these four countries, but also to point out the differences in its understanding and legal framework. Although the term "prenuptial agreement" is generally used to describe contracts concluded by prospective spouses prior to marriage, its substance and legal effects vary significantly across jurisdictions. In Czech society, prenuptial agreements under Czech law are often conflated with their counterparts in common law countries, which contributes to a negative perception of these agreements as expressions of mistrust in the stability of marriage. This thesis demonstrates, however, that in the Czech legal context, prenuptial agreements convey a distinctly different meaning. By presenting the legal regulation of prenuptial agreements in three civil law jurisdictions and one common law jurisdiction, the thesis illustrates...