On the more than instances, the house relations involving the partners would be governed of the exact same legislation given that until the breakup, instead bias towards serves and you can contracts legally executed within the break up.
The partners shall condition, in a general public file, all the possessions which they return to the wedding and you will hence will form the fresh independent property of any.
Regarding the instances described in this post, the property earned is going to be considered to be newly shared, no matter if every otherwise some age which resided until the liquidation effected because of the reasoning of breakup. (1439a)
On the conjugal connection subsisting, the fresh new management of all of the kinds off property regarding the matrimony get be directed by the courts towards the spouse:
The brand new process of law can also consult the brand new management towards partner, that have eg limits because they could possibly get deem a good idea, when your husband would be to be an excellent fugitive off fairness or be during the covering up due to the fact good offender into the a violent instance, or if, being certainly unable to administer, the guy have to have didn’t provide for government. (1441a)
Post 197. The newest wife in order to exactly who brand new administration of all property regarding the marriage is transported will enjoys, regarding said assets, a comparable efforts and you may obligations which the spouse enjoys when he ‘s the administrator, but usually at the mercy of the newest terms of one’s last paragraph out of new preceding blog post. (1442a)
Article 198. If the upcoming spouses consent in the wedding agreements one to the device away from sheer area should govern their house relationships throughout the marriage, the following specifications will be regarding secondary software. IdsaPs
Article 199. Throughout the absence of stipulation quite the opposite, the community will integrate all present and future property off brand new spouses perhaps not excepted by-law.
(1) Property acquired because of https://lovingwomen.org/da/blog/chatrum-med-singler/ the gratuitous term of the often spouse, if it is available with the new donor otherwise testator which will not become a part of the city;
(2) Assets passed on of the possibly wife or husband from death of a child from the an old wedding, truth be told there getting brothers otherwise sisters of one’s full-blood of the dead infant;
(3) Area of the possessions out-of sometimes companion equivalent to new presumptive legitime of one’s children because of the an old relationships;
Blog post 196
Antenuptial bills of sometimes partner shall not reduced regarding the people, until an identical features redounded into benefit of the household.
Blog post 203. Costs developed by the both partners otherwise because of the included in this that have new agree of your almost every other might be repaid throughout the neighborhood. In the event the well-known house is shortage of to pay for well-known debts, the same can be enforced resistant to the separate property of partners, whom shall be equally responsible.
Blog post 204. Expense contracted because of the either spouse without having any consent of one’s other are going to be chargeable up against the area into the amount your members of the family may have been benefited and therefore.
Article 205. Indemnities that really must be paid down by both lover because of a criminal activity otherwise regarding a quasi-delict will be paid down on the preferred property, with no responsibility to make reimbursement.
Post 202
Article 206. The possession, administration, fingers and you can enjoyment of preferred assets fall into both partners as you. In case there is dispute, the fresh new process of law will settle the challenge.
Article 207. None lover may alienate otherwise encumber any prominent property without the agree of most other. In the event of unjustifiable refusal of the almost every other spouse, the latest courts get grant the required agree.
Blog post 209. When there is a breakup in fact between husband and wife, in place of official approval, brand new terms regarding blog post 178 shall implement.
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