On significantly more than instances, the house relationships within spouses is ruled by same legislation just like the till the separation, rather than bias to the acts and you may deals legally done inside the break up.
The latest partners should county, into the a general public document, the property that they come back to the marriage and you will and this should form the latest separate property of every.
Regarding the times referred to on this page, every property introduced are deemed is recently shared, regardless of if all otherwise some elizabeth hence resided till the liquidation affected of the need of your separation. (1439a)
To your conjugal partnership subsisting, the latest government of all categories away from assets from the wedding can get getting transferred of the courts to your wife:
The process of law can also consult the government to the wife, which have instance restrictions because they will get deem a good option, if your husband will be feel a good fugitive regarding fairness or perhaps be inside the covering up due to the fact a good defendant within the a criminal case, or if, getting positively unable to provide, the guy must have did not enable management. (1441a)
Blog post 197. The fresh new partner to which brand new administration of all the possessions out of the wedding try moved shall provides, when it comes to said possessions, an identical efforts and you may obligations which the spouse possess when he is the manager, however, always susceptible to the brand new provisions of the past paragraph out-of brand new before article. (1442a)
Post 198. If the future spouses concur about matrimony agreements that the device out of absolute people should control their house relations during relationship, next terms can be out of second application. IdsaPs
Post 199. Regarding the lack of stipulation on the contrary, town shall put all-present and you may coming property away from the partners maybe not excepted by-law.
(1) Possessions gotten from the gratuitous title of the often partner, when it is provided by brand new donor otherwise testator it will not become a part of the community;
(2) Possessions handed down of the both husband or wife from death of a young child because of the an old wedding, there becoming brothers otherwise siblings of one’s full-blood of your own inactive child;
(3) Area of the property off either spouse equivalent to the new presumptive legitime of college students from the a former matrimony;
Article 196
Antenuptial expenses of either lover shall not paid off from the people, except if a similar have redounded to the advantage of the family.
Article 203. Debts contracted by both spouses otherwise by the among them with the newest consent of your own most other should be reduced from the community. In case the popular house is not enough to cover preferred expenses, the same tends to be enforced resistant to the separate possessions of one’s partners, which shall be just as responsible.
Blog post 204. Debts contracted by possibly partner without any agree of other will likely be rechargeable against the neighborhood on the the quantity that the family may have been benefited thereby.
Article 205. Indemnities that must definitely be repaid from the possibly spouse because of a criminal activity otherwise regarding an effective quasi-delict is going to be paid regarding well-known property, with no obligations making reimbursement.
Article 202
Article 206. Brand new control, government, possession and pleasure of well-known possessions fall under one another spouses as you. In the event of disagreement, the fresh courts should settle the problem.
Article 207. None spouse can get alienate or https://internationalwomen.net/da/blog/varme-sorte-kvinder/ encumber one preferred possessions without having any consent of other. In the event of unjustifiable refusal by the other companion, this new courts could possibly get give the desired concur.
Post 209. When there is a separation actually anywhere between husband and wife, in place of official approval, the fresh new terms of blog post 178 will pertain.