Throughout the above cases, the home relationships amongst the spouses shall be ruled because of the same statutes since the through to the breakup, instead bias towards serves and deals lawfully performed during the breakup.
The fresh partners will condition, inside the a general public document, the property which they return to the wedding and you will and therefore should make-up the independent assets of each.
On the circumstances regarded in this article, all property earned should be considered getting newly discussed, even when all of the otherwise some e and that existed before liquidation affected by reasoning of one’s breakup. (1439a)
To your conjugal partnership subsisting, brand new management of all of the kinds from Mere om forfatteren assets about marriage could possibly get end up being transported of the process of law to the partner:
New process of law may consult the new administration towards the spouse, which have such as for instance limits while they get deem a good idea, when your partner would be to be a beneficial fugitive of justice or perhaps within the covering up because the a great accused during the an unlawful instance, or if perhaps, becoming certainly incapable of administer, he need did not enable government. (1441a)
Article 197. The brand new spouse to just who the fresh management of all of the possessions regarding the marriage are transferred shall enjoys, when it comes to said possessions, an equivalent efforts and obligation that spouse provides when he is the manager, but constantly susceptible to brand new conditions of past paragraph away from the before blog post. (1442a)
Article 198. If for example the future partners concur on the marriage agreements you to definitely the device regarding natural people should govern their property relations while in the marriage, the next arrangements will likely be away from additional application. IdsaPs
Article 199. In the absence of stipulation on the contrary, the city should integrate all present and you can upcoming possessions out of the new partners not excepted legally.
(1) Property gotten because of the gratuitous name of the both mate, in case it is available with this new donor otherwise testator which shall maybe not become a part of the city;
(2) Property passed on by the often loved one from loss of a kid of the an old matrimony, indeed there being brothers otherwise sisters of full blood of lifeless kids;
(3) Part of the possessions of often spouse equal to brand new presumptive legitime of college students by the a former marriage;
Blog post 196
Antenuptial costs of sometimes mate shall not be reduced regarding neighborhood, unless of course a similar features redounded into the benefit of the household.
Post 203. Expense developed because of the both partners or by one of them that have this new consent of your own almost every other shall be reduced on community. In the event your preferred home is diminished to pay for prominent costs, the same may be enforced contrary to the independent possessions of partners, which are equally accountable.
Blog post 204. Costs contracted by the sometimes mate without the consent of almost every other is rechargeable contrary to the people on the extent your family relations might have been gained thereby.
Blog post 205. Indemnities that must definitely be repaid by the possibly companion due to a criminal activity otherwise from a great quasi-delict is going to be paid back throughout the preferred assets, without the obligations and also make compensation.
Article 202
Blog post 206. The fresh new possession, administration, hands and you can pleasure of your prominent possessions fall into one another partners as one. In the event of dispute, the new courts shall settle the difficulty.
Post 207. None companion can get alienate or encumber any well-known possessions with no agree of the most other. In case there is unjustifiable refusal of the almost every other mate, the new courts will get grant the mandatory concur.
Article 209. If there is a break up in reality between couple, instead of official approval, this new conditions of article 178 will apply.