From the significantly more than cases, the house or property affairs between your spouses are going to be ruled because of the same regulations as through to the separation, in the place of prejudice for the acts and you will deals legally executed inside the breakup.
Brand new spouses shall state, for the a community file, all of the assets that they go back to the wedding and you may which will create brand new separate property each and every.
Regarding the cases referred to in this post, all assets brought in should be considered to get newly shared, although most of the or some e and that stayed till the liquidation affected because of the cause of one’s breakup. (1439a)
On conjugal union subsisting, new management of all the kinds away from property regarding the relationship will get end up being transmitted by courts into the spouse:
The newest courts also can confer this new administration into the partner, that have such as for instance limits while they may deem a good idea, if for example the husband should getting an excellent fugitive away from fairness or even be into the concealing once the a good defendant in an unlawful instance, or if perhaps, becoming positively unable to administer, the guy should have didn’t enable management. (1441a)
Post 197. The spouse to which the latest management of all the property off the wedding try transferred should features, when it comes to said possessions, a comparable efforts and you may obligations that your spouse have when he ‘s the gratis international videochat officer, however, always subject to the latest provisions of past paragraph out-of the fresh preceding article. (1442a)
Article 198. When your upcoming partners agree about matrimony agreements that the device off sheer area will regulate their residence relationships throughout relationships, the following conditions are out of secondary application. IdsaPs
Article 199. Regarding the absence of stipulation to the contrary, the community will feature all present and you can future assets of the new spouses perhaps not excepted by law.
(1) Assets obtained from the gratuitous label because of the either companion, if it’s provided by the donor or testator it will maybe not be an integral part of the city;
(2) Assets passed down of the both wife or husband through the loss of a child by the an old matrimony, there becoming brothers otherwise sisters of your own full-blood of one’s inactive kid;
(3) An element of the possessions from possibly lover comparable to the presumptive legitime of one’s college students because of the an old matrimony;
Blog post 196
Antenuptial expense of sometimes partner should never be reduced regarding the people, unless an identical has actually redounded towards advantageous asset of your family.
Blog post 203. Costs developed by the one another spouses otherwise because of the among them which have the latest consent of the most other should be reduced from the society. If the well-known home is not enough to cover preferred debts, a comparable can be enforced from the separate property of the partners, exactly who are just as accountable.
Article 204. Debts developed by the either mate without the consent of your most other is going to be rechargeable up against the community towards the the quantity the relatives may have been benefited and thus.
Article 205. Indemnities that needs to be paid down because of the often spouse because of a crime otherwise off good quasi-delict will likely be paid off on popular assets, with no duty and work out compensation.
Article 202
Article 206. This new control, administration, palms and you may pleasure of one’s common property fall under both spouses as one. In case of disagreement, new courts will accept the issue.
Post 207. Neither mate will get alienate otherwise encumber any preferred assets without any agree of your own most other. In case there are unjustifiable refusal of the most other partner, the fresh courts get give the desired consent.
Post 209. If there is a separation indeed between husband and wife, instead official acceptance, the fresh arrangements out of post 178 shall use.
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