In the more than instances, the house or property relationships amongst the partners can be ruled by same regulations as the before break up, without bias towards acts and you can deals legitimately done within the breakup.
The partners should state, into the a public file, most of the assets that they go back to the marriage and you will hence shall constitute the fresh separate possessions of each.
Regarding times regarded in this article, the possessions earned will be deemed as recently discussed, no matter if all or certain age and this stayed before liquidation affected by reasoning of your own separation. (1439a)
For the conjugal relationship subsisting, new management of all the groups out-of assets regarding relationship could possibly get feel transferred by courts towards spouse:
The newest process of law can also confer this new government towards wife, which have eg limits as they get consider advisable, if for example the spouse would be to become a good fugitive of justice or perhaps during the hiding since the a good offender within the a violent circumstances, or if perhaps, are surely not able to administer, the guy have to have did not permit administration. (1441a)
Blog post 197. New partner so you can which the government of all the assets off the wedding try transported should keeps, in terms of said assets, an identical efforts and obligation that your husband provides when he ‘s the manager, however, usually susceptible to the provisions of history part from the fresh before article. (1442a)
Post 198. In the event your upcoming spouses https://internationalwomen.net/da/blog/russiske-kvinder-datingsider/ consent from the wedding agreements one the computer regarding pure community will regulate their property relationships through the relationships, the following specifications shall be regarding second app. IdsaPs
Article 199. From the lack of stipulation on the contrary, the community should consist of all-present and future assets off the fresh partners maybe not excepted by-law.
(1) Property acquired from the gratuitous identity because of the sometimes companion, when it is provided by the latest donor otherwise testator so it shall maybe not be an integral part of town;
(2) Property inherited of the often wife or husband from loss of children because of the an old matrimony, there being brothers or siblings of the full blood of one’s lifeless kid;
(3) The main assets out-of often lover comparable to the newest presumptive legitime of the students of the a former marriage;
Blog post 196
Antenuptial costs away from both lover should never be reduced on the neighborhood, unless a comparable have redounded towards benefit of the household.
Blog post 203. Expenses contracted by one another partners or because of the one of them having the new agree of the most other is paid back in the people. In case your well-known house is not enough to cover popular costs, the same is implemented up against the independent property of one’s spouses, exactly who are just as accountable.
Article 204. Costs developed by the often companion without any concur of most other should be chargeable resistant to the area for the the amount that the loved ones might have been gained and therefore.
Post 205. Indemnities that must be repaid of the both mate due to a criminal activity otherwise off an excellent quasi-delict will be paid off on preferred property, with no responsibility and also make compensation.
Post 202
Blog post 206. The fresh control, management, possession and exhilaration of your common property fall under each other partners as you. In case there is conflict, the brand new courts should accept the problem.
Post 207. None companion may alienate otherwise encumber people well-known possessions without the agree of the almost every other. In the event of unjustifiable refusal by almost every other mate, the fresh process of law may grant the mandatory agree.
Post 209. If there is a break up in fact between couple, in the place of judicial recognition, the newest provisions out of article 178 should apply.