Regarding the significantly more than cases, the house relations between the partners is going to be influenced by the exact same laws once the before the break up, in place of prejudice towards the acts and you will contracts legitimately executed for the break up.
The latest partners should state, in a public document, all the possessions which they return to the marriage and you may hence shall comprise the latest separate possessions of each and every.
Throughout the cases known on this page, the possessions earned is deemed become recently provided, even when all otherwise particular age which existed up until the liquidation affected by the reason of your break up. (1439a)
With the conjugal partnership subsisting, brand new management of the many classes from assets in the marriage may end up being transferred by process of law to your spouse:
This new courts may confer the administration on the wife, with including limitations while they get consider advisable, if the partner is end up being a beneficial fugitive away from fairness or perhaps inside the covering up once the good offender in the a violent situation, or if perhaps, getting absolutely not able to provide, he should have don’t enable government. (1441a)
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Article 197. The brand new partner so you’re able to whom the latest administration of all assets away from the marriage is actually moved will provides, with regards to said property, an equivalent vitality and you may obligations that partner possess when he ‘s the manager, however, always at the mercy of the brand new specifications of one’s history paragraph away from the fresh before article. (1442a)
Article 198. If your coming spouses concur from the matrimony agreements you to definitely the machine away from natural society shall govern their property relations while in the matrimony, the next conditions is from secondary application. IdsaPs
Article 199. Regarding absence of stipulation to the contrary, town shall consist of all present and you may coming property out-of this new partners perhaps not excepted by law.
(1) Assets obtained by the gratuitous identity because of the possibly mate, in case it is available with the new donor otherwise testator that it shall maybe not become a part of town;
(2) Possessions handed down by the sometimes wife or husband from the death of a child by the a former matrimony, there are brothers otherwise siblings of your own full-blood of your lifeless infant;
(3) Part of the property away from both lover equivalent to the latest presumptive legitime of your own pupils because of the an old relationship;
Post 196
Antenuptial costs from often mate will never be paid down throughout the society, except if an equivalent has actually redounded into the advantage of the household.
Article 203. Bills contracted because of the one another spouses otherwise because of the included in this having the agree of your own almost every other is reduced on neighborhood. If for example the common home is diminished to fund common bills, an identical are enforced resistant to the separate property of the partners, exactly who is going to be equally responsible.
Article 204. Bills contracted by often companion without any concur of most other will likely be rechargeable resistant to the community on the the total amount your family was benefited thereby.
Post 205. Indemnities that must definitely be paid back by both lover on account of a crime or off an excellent quasi-delict can be reduced in the preferred possessions, with no duty and make compensation.
Article 202
Post 206. Brand new possession, government, hands and you will exhilaration of prominent possessions belong to both spouses as you. In case there are disagreement, the brand new process of law should accept the challenge.
Blog post 207. None mate could possibly get alienate or encumber one well-known possessions without the concur of your own other. In the event of unjustifiable refusal of the most other lover, this new courts could possibly get offer the necessary agree.
Blog post 209. If there’s a separation indeed ranging from wife and husband, in the place of judicial recognition, the fresh provisions out of article 178 will incorporate.
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