Regarding the above instances, the house connections within spouses shall be influenced from the exact same regulations because the through to the break up, rather than bias to your serves and you can agreements legitimately performed in break up.
New spouses shall county, within the a community file, most of the property which they return to the marriage and you can which will compensate brand new separate possessions of any.
On instances referred to on this page, the assets introduced is deemed getting recently shared, regardless if most of the otherwise some e and this resided until the liquidation effected by need of break up. (1439a)
With the conjugal commitment subsisting, the new government of all the classes out of property on the matrimony could possibly get feel directed by process of law to the partner:
The fresh new process of law may confer the new administration into the partner, having particularly limitations while they will get deem advisable, in case your spouse should end up being an excellent fugitive out of justice or perhaps during the concealing since good accused when you look at the a criminal circumstances, or if perhaps, being positively unable to provide, the guy must have failed to enable management. (1441a)
Post 197. The fresh new spouse in order to which new administration of all the possessions from the marriage are transmitted will provides, when it comes to told you property, the same powers and you can obligation that the partner possess as he is the officer, but always at the mercy of the newest specifications of your own past part off the preceding blog post. (1442a)
Article 198. If the upcoming spouses concur on the matrimony settlements you to the device of pure society should regulate their residence affairs through the relationships, the second provisions might be of supplementary app. IdsaPs
Article 199. About lack of stipulation to the contrary, the community will feature all-present and you may upcoming assets away from the fresh partners perhaps not excepted legally.
(1) Property acquired by the gratuitous title of the possibly mate, if it’s provided with brand new donor or testator this shall maybe not be a part of the city;
(2) Possessions inherited because of the either husband or wife through the loss of children by an old matrimony, truth be told there becoming brothers or siblings of your own full blood of one’s deceased kid;
(3) The main property of possibly spouse comparable to brand new presumptive legitime of the people of the an old marriage;
Post 196
Antenuptial costs away from both spouse will not be reduced about people, unless of course an identical has redounded towards the advantageous asset of the household.
Post 203. Costs developed by both spouses or because of the included in this that have new concur of your own other might be paid down about community. In the event your popular property is lack of to pay for preferred expenses, an equivalent is enforced contrary to the independent assets of one’s partners, whom will be equally responsible.
Blog post 204. Bills developed by the often partner with no concur of one’s most other can be chargeable against the people on the quantity your nearest and dearest may have been benefited thereby.
Post 205. Indemnities that must be reduced by the often spouse because of a https://lovingwomen.org/da/blog/bedste-land-til-dating/ crime otherwise away from an excellent quasi-delict is going to be reduced on the popular possessions, without having any obligation and also make reimbursement.
Blog post 202
Post 206. New ownership, administration, palms and exhilaration of prominent property end up in both spouses together. If there is disagreement, the new courts should settle the issue.
Post 207. None spouse get alienate or encumber one preferred property without any agree of one’s most other. If there is unjustifiable refusal by the most other mate, brand new courts will get give the necessary concur.
Blog post 209. When there is a breakup actually between husband and wife, in the place of official approval, brand new specifications off blog post 178 shall incorporate.
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