From the over instances, the house or property relations within partners should be influenced by the exact same regulations due to the fact before breakup, versus bias for the serves and you can agreements lawfully conducted in the breakup.
The fresh new spouses shall county, when you look at the a general public file, all possessions which they go back to the wedding and you will and this shall create the brand new independent property of each.
Regarding times regarded in this article, all assets introduced can be deemed as freshly discussed Skandinavisk kvinder dating, even if all otherwise some age hence lived through to the liquidation effected of the need of your break up. (1439a)
Towards conjugal connection subsisting, this new government of the many categories of property regarding relationship may end up being transferred because of the process of law to your partner:
The newest process of law also can confer the new government with the partner, which have such restrictions because they can get consider a good option, in the event your husband is to feel a beneficial fugitive out-of justice or even be inside the covering up due to the fact a beneficial offender for the a violent situation, or if, are positively struggling to provide, he need to have did not permit administration. (1441a)
Post 197. The fresh new spouse to exactly who the fresh government of all the possessions from the wedding are moved should keeps, regarding told you property, the same efforts and you may obligations that your spouse keeps as he ‘s the administrator, however, always susceptible to this new conditions of history part out-of brand new preceding post. (1442a)
Blog post 198. In case the coming partners consent on wedding settlements that the system out of pure community will regulate their residence connections through the wedding, the following provisions should be out of second software. IdsaPs
Article 199. In the lack of stipulation on the contrary, town should incorporate all present and you will coming possessions out of the brand new spouses not excepted by law.
(1) Assets obtained of the gratuitous title because of the sometimes lover, if it’s available with the brand new donor or testator so it will not be an integral part of town;
(2) Assets inherited by both wife or husband from the loss of a young child by an old relationship, here becoming brothers or siblings of one’s full blood of one’s dry kid;
(3) Part of the possessions away from either partner equivalent to this new presumptive legitime of your own pupils by the an old marriage;
Blog post 196
Antenuptial bills out of possibly companion will never be paid off in the neighborhood, unless the same keeps redounded into the advantageous asset of the family.
Article 203. Bills developed because of the each other spouses otherwise because of the included in this with the fresh concur of the most other should be paid in the area. In the event the common house is not enough to fund prominent expenses, a comparable is generally enforced contrary to the separate assets of your own spouses, just who will likely be equally responsible.
Article 204. Expense developed from the often lover without the agree of your almost every other should be chargeable up against the people to your extent that family relations may have been benefited thereby.
Blog post 205. Indemnities that really must be reduced because of the sometimes companion due to a criminal activity otherwise regarding a great quasi-delict are paid on preferred possessions, without having any duty while making reimbursement.
Blog post 202
Article 206. The new possession, management, possession and you may thrills of common property fall into each other spouses together. In case there is disagreement, the newest courts will settle the situation.
Post 207. None mate can get alienate or encumber any well-known possessions without having any consent of the almost every other. In the event of unjustifiable refusal from the other spouse, new process of law get give the mandatory consent.
Post 209. If there is a break up actually anywhere between husband and wife, in the place of official acceptance, the brand new provisions away from post 178 shall implement.
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