On the a lot more than circumstances, the house or property relations between the partners is going to be influenced by same laws since before the separation, instead bias with the acts and you can deals legally performed within the break up.
The brand new spouses shall state, for the a general public document, the assets which they come back to the wedding and hence shall compensate the fresh new independent assets of any.
Regarding instances described in this article, most of the assets brought in should be considered becoming freshly shared, in the event every or some elizabeth and that existed till the liquidation effected from the cause of the separation. (1439a)
To your conjugal union subsisting, new management of all the groups regarding property regarding the wedding may getting transferred from the courts into wife:
Brand new process of law can also consult the fresh administration with the partner, which have including restrictions because they get consider a good option, if your spouse is always to end up being a fugitive from justice or even be in the covering up since the a defendant in the an unlawful situation, or if perhaps, are definitely struggling to give, he must have don’t enable administration. (1441a)
Post 197. New wife in order to who new management of the many possessions regarding the marriage is transferred should possess, with respect to told you assets, a similar vitality and you can duty which the partner provides when he is the manager, but constantly susceptible to the latest specifications of one’s history section out of the fresh preceding article. (1442a)
Post 198. When your future partners concur throughout the relationships settlements that the machine away from absolute society shall govern their property connections throughout the wedding, next terms will likely be away from secondary app. IdsaPs
Article 199. Regarding the lack of stipulation to the contrary, the community should feature all present and you may future possessions out-of the fresh new partners perhaps not excepted for legal reasons.
(1) Assets gotten because of the gratuitous term by the sometimes spouse, if it’s available with brand new donor otherwise testator this shall not be an integral part of the community;
(2) Assets handed down because of the possibly loved one through the loss of a kid by a former matrimony, around becoming brothers or sisters of one’s full blood of your dead kid;
(3) Part of the possessions out of sometimes partner equal to new https://lovingwomen.org/da/blog/datingsider-til-aegteskab/ presumptive legitime of your youngsters of the a former matrimony;
Article 196
Antenuptial debts off often mate shall not paid regarding the neighborhood, except if an equivalent features redounded with the advantage of your family.
Blog post 203. Debts developed of the each other spouses otherwise by included in this with the fresh consent of almost every other can be reduced on community. When your preferred home is insufficient to cover popular costs, the same could be enforced against the independent assets of the partners, which are going to be equally responsible.
Article 204. Expense contracted by often spouse without having any consent of your other is rechargeable resistant to the people on the the amount the relatives might have been benefited and so.
Article 205. Indemnities that needs to be paid down from the both spouse due to a criminal activity otherwise out of a great quasi-delict shall be paid in the popular assets, without having any obligation and also make compensation.
Article 202
Article 206. The possession, management, hands and excitement of one’s popular assets fall into each other partners as one. In the event of dispute, the newest courts should accept the trouble.
Post 207. None companion get alienate or encumber one popular possessions with no concur of the other. In case of unjustifiable refusal by the almost every other companion, the new courts could possibly get give the mandatory concur.
Blog post 209. If there is a breakup in fact anywhere between wife and husband, rather than official acceptance, brand new provisions off post 178 shall incorporate.