Throughout the a lot more than instances, the house or property affairs between your partners will be governed because of the exact same laws while the through to the separation, versus bias on the acts and deals lawfully executed for the separation.
This new spouses should state, during the a general public document, all of the possessions which they come back to the wedding and hence shall form the independent possessions each and every.
About cases described in this article, all the property introduced would be considered to get newly contributed, even in the event all of the or some e and therefore stayed before liquidation effected of the cause of break up. (1439a)
To your conjugal commitment subsisting, the fresh new government of the many kinds out of assets on relationship can get getting transmitted by the process of law to your wife:
The fresh courts may confer the management with the partner, with such constraints because they get deem a good idea, in the event your husband is become a good fugitive out of fairness or even be inside concealing just like the a accused in the an unlawful situation, or if perhaps, being certainly not able to give, he must have did not permit government. (1441a)
Post 197. The fresh wife to which brand new management of the many assets of the wedding try moved should have, in terms of said possessions, an equivalent energies and you will duty which the spouse keeps when he ’s the manager, but usually susceptible to the fresh terms of one’s history section out of brand new preceding blog post. (1442a)
Blog post 198. If the coming partners agree regarding the relationships settlements you to the machine of sheer area shall regulate their house relations during the wedding, next conditions should be from second software. IdsaPs
Blog post 199. In the lack of stipulation on the contrary, town should feature all present and future assets away from the brand new spouses perhaps not excepted by law.
(1) Assets acquired from the gratuitous name by sometimes partner, in case it is provided by the fresh donor otherwise testator so it shall perhaps not be an integral part of town;
(2) Assets inherited because of the possibly wife or husband through the death of a young child of the an old relationship, truth be told there being brothers otherwise sisters of your own full blood of the lifeless child;
(3) An element of the property away from possibly partner equivalent to the newest presumptive legitime of the students by the an old wedding;
Article 196
Antenuptial costs from either partner shall not be reduced regarding the people, unless of course a comparable provides redounded into the advantageous asset of the family.
Post 203. Expenses contracted by each other partners or by included in this that have the brand new concur of your almost every other is going to be reduced about community. In case your preferred home is decreased to cover prominent expenses, a comparable tends to be enforced contrary to the separate assets of your own spouses, who will likely be just as accountable.
Article 204. Expenses contracted because of the both companion without any agree of one’s other can be chargeable from the neighborhood to the the amount that the household members might have been gained and so.
Post 205. Indemnities that really must be paid by possibly lover because of a crime otherwise out-of good quasi-delict shall be repaid regarding prominent assets, with no obligations https://internationalwomen.net/da/islandske-kvinder/ to make reimbursement.
Blog post 202
Post 206. The new possession, management, hands and excitement of the common property get into each other partners as one. In case there are conflict, the latest courts will settle the situation.
Blog post 207. None lover could possibly get alienate or encumber one popular possessions without the concur of your most other. If there is unjustifiable refusal because of the other partner, the brand new courts may offer the desired agree.
Article 209. If there’s a breakup in fact between husband and wife, without official approval, new terms out of post 178 will pertain.