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1663. § 1 Expenses developed regarding the get it done from management assist the typical and personal possessions of the mate just who manages them, and the ones of your other in proportion towards profit that has been received. § 2 The fresh concur of both spouses is necessary getting serves, free, one to imply the brand new task of explore otherwise thrills off popular property. § 3 In case there are misappropriation away from possessions, the latest court will get assign administration to only one of several partners.
1664munion items are guilty of the loans contracted from the husband otherwise partner to meet up with members of the family expenditures, management expenses and the ones because of judge imposition.
1665. This new government and you will convenience out-of assets constituting the private security are the responsibility of user’s companion, unless of course if not agreed in a keen antenuptial arrangement.
1666. Expense developed of the both of one’s partners on the management of their personal possessions and for the benefit do not assist the newest popular assets.
5 1640. If there’s no agreement, or if it’s null or useless, the latest regimen from partial communion have been in force concerning the assets involving the partners. Best Section. Brand new spouses may, on the qualification procedure, decide for any of the regimes that this password handles. When it comes to means, the option to possess partial communion was faster to help you label, deciding to make the antenuptial agreement by the social action, regarding the additional options.
Subsequently, the system off overall people possessions things, as the name in itself says, in the community of the many merchandise, that betrothed already had once they got married, introduce and way forward for the happy couple. Both products and you will expense was separated, and things are preferred to help you each other.
Art
The sole exclusions to your communicability laws was services and products engraved which have a non-communicability term, and therefore cannot expand so you’re able to fruits, except if or even given.
One particular that happen to be obliged so you can wed under the routine out-of breakup out of assets 8 , anyone aged 70 (seventy) many years or more mature stands out
A separate regimen regarding high benefits regarding national courtroom system is that the fresh new separation out of property, and that sexet cubansk kone however implies that every property received privately by the spouses can not be conveyed, as long as they haven’t resulted in their acquisition, exactly as expenses that will be on behalf of for every single.
The significance of so it techniques, yet not, does not simply come from their characteristics, however, regarding fact that the latest legislator chose it as required for certain spouses, interfering extreme to your liberty preference of the people. You should declare that discover talk into the the newest Federal Supreme Court if which norm could be revoked or not, while there is a knowing that violates anyone correct of choice and you may 100 % free tend to.
In cases like this, philosophy and you can jurisprudence remember that, if you have no express provision to the contrary signed by the brand new partners, new assets received from inside the relationships by-common work often share, even when registered regarding the identity from only one of them. To such an extent that Government Supreme Legal edited Precedent 377, considering hence “within the regime off legal breakup out-of assets, the individuals obtained in the relationship try communicated”, so long as an average efforts has been shown.
And additionally these, a special property program is lead by Civil Code off 2002, based on and this there was a separation regarding assets inside relationship, for each preserving its assets, being freely treated, except for attributes, and therefore rely on the brand new consent of another to sell, additionally the partners may establish throughout the antenuptial agreement that they waive the brand new concur of other towards marketing from real house.