About a lot more than instances, the property relations amongst the partners might be ruled by the same legislation as the before break up, rather than bias for the serves and you may contracts lawfully executed for the breakup.
The new partners should condition, in a general public file, all assets which they return to the wedding and and therefore should make up the fresh new independent possessions of every.
Throughout the cases described on this page, most of the possessions brought in are considered to get recently discussed, even in the event every or certain age and therefore stayed before liquidation affected by reasoning of your separation. (1439a)
Into conjugal union subsisting, the fresh new management of all of the classes from assets from the wedding will get be moved by process of law with the partner:
Brand new courts also can consult new administration into the partner, that have instance limitations because they will get deem a good option, in case your partner is to be good fugitive from justice or be inside concealing while the an excellent offender when you look at the a violent case, or if, are surely incapable of give, the guy should have don’t enable administration. (1441a)
Blog post 197. The newest wife so you’re able to which the new management of all of the possessions away from the marriage are directed shall possess, in terms of told you property, the same powers and you will obligation that the spouse provides as he is the administrator, but constantly at the mercy of the new conditions of the past part away from the latest preceding post. (1442a)
Blog post 198. In the event your upcoming spouses agree regarding relationships settlements you to the system away from absolute area shall control their house affairs throughout the relationship, the next terms is going to be out-of secondary application. IdsaPs
Article 199. On the absence of stipulation quite the opposite, town should integrate all-present and you will future possessions of the brand new spouses perhaps not excepted for legal reasons.
(1) Property obtained because of the gratuitous label because of the both companion, in case it is available with the brand new donor or testator which will maybe not be an integral part of the city;
(2) Assets inherited by both loved one from the death of a young child from the an old marriage, here are brothers otherwise siblings of full blood of the deceased baby;
(3) Area of the property from either mate equal to brand new presumptive legitime of your own children of the a former wedding;
Blog post 196
Antenuptial expenses away from possibly mate shall never be repaid throughout the society, until an identical have redounded to the advantage of the family.
Article 203. Bills developed because of the each other partners or from the included in this with the consent of one’s other are paid kГёber en brud about area. In the event your well-known home is not enough to pay for popular costs, the same could be implemented up against the separate property of the spouses, exactly who is going to be similarly responsible.
Blog post 204. Costs contracted because of the often mate without any agree of the most other will likely be rechargeable against the area on the quantity that family unit members may have been gained and so.
Blog post 205. Indemnities that really must be paid back from the sometimes lover because of a crime or away from an excellent quasi-delict will likely be paid back in the popular property, without any obligation and work out reimbursement.
Blog post 202
Blog post 206. The fresh new ownership, management, arms and you will enjoyment of your well-known assets fall under one another partners jointly. If there is argument, the courts should settle the problem.
Article 207. None mate can get alienate otherwise encumber one prominent assets with no concur of one’s almost every other. In case there are unjustifiable refusal of the most other spouse, the new courts could possibly get grant the required concur.
Post 209. If there is a separation indeed anywhere between husband and wife, without judicial approval, brand new provisions regarding article 178 should use.