On the more than times, the home relationships involving the spouses might be ruled from the exact same statutes once the up until the break up, instead bias with the serves and you will deals legitimately performed when you look at the breakup.
This new spouses will state, in the a community file, all the possessions which they go back to the marriage and you will and this will create brand new independent assets of each.
About cases known in this post, all of the possessions introduced is deemed become newly contributed, regardless if all of the or particular age and that existed until the liquidation effected of the reason of separation. (1439a)
With the conjugal partnership subsisting, the brand new administration of all the kinds off assets regarding the matrimony can get getting transported by the courts toward partner:
This new courts also can consult the fresh government to the wife, which have such as for example limits as they can get consider advisable, when your spouse will be end up being a fugitive regarding justice or perhaps be in concealing as the a good accused from inside the an unlawful case, or if, becoming absolutely not able to provide, he need to have did not enable administration. (1441a)
Post 197. The spouse in order to exactly who the fresh administration of all assets regarding the wedding was moved should have, with respect to told you property, an identical efforts and responsibility that partner keeps as he is the officer, however, always subject to the fresh specifications of one’s last section away from brand new before blog post Badoo-profiler. (1442a)
Blog post 198. In the event your future partners concur in the relationships agreements that the system out of sheer society will govern their house relationships through the relationships, the next specifications are going to be from additional application. IdsaPs
Blog post 199. In the lack of stipulation on the contrary, the community will include all present and you may upcoming assets away from the new spouses perhaps not excepted by law.
(1) Possessions received because of the gratuitous name because of the possibly partner, if it is provided with the newest donor or testator that it will maybe not be a part of the community;
(2) Possessions passed down by either loved one through the loss of a kid by the an old wedding, here being brothers otherwise siblings of one’s full blood of your dead kid;
(3) A portion of the possessions away from both lover comparable to new presumptive legitime of pupils of the an old wedding;
Blog post 196
Antenuptial expense off either spouse will not be paid off about area, unless of course a comparable has actually redounded into advantage of your family.
Post 203. Debts developed because of the both partners or by the one of them that have the new agree of most other is going to be paid off throughout the society. If for example the popular house is decreased to fund preferred expense, an equivalent tends to be enforced contrary to the separate property of one’s partners, exactly who can be just as responsible.
Article 204. Debts contracted from the both spouse without any consent of your most other would be rechargeable against the society to the extent your family unit members may have been gained and therefore.
Article 205. Indemnities that have to be reduced of the both partner due to a criminal activity or out-of a quasi-delict are going to be paid down from the popular property, without the obligation and work out compensation.
Post 202
Blog post 206. This new ownership, administration, palms and pleasure of the prominent assets fall under each other partners as one. In case there are conflict, the latest courts shall accept the trouble.
Blog post 207. Neither spouse may alienate or encumber any prominent assets with no agree of the almost every other. In the event of unjustifiable refusal by most other mate, brand new process of law could possibly get offer the necessary consent.
Article 209. If there is a separation in fact anywhere between couple, instead of judicial approval, this new terms from blog post 178 shall implement.