Among those that required so you can wed according to the techniques of separation out of possessions 8 , the individual old 70 (seventy) ages otherwise older shines

Art. 1663. § 1 Expense contracted from the exercise regarding government oblige the average and personal possessions of the companion who protects them, and people of gifter colombianske jente seg med forgjengere one’s almost every other equal in porportion for the finances one to might have been received. § 2 This new concur away from one another spouses is necessary for acts, cost-free, one to imply the newest task of your have fun with otherwise thrills out-of preferred assets. § step three If there is misappropriation away from property, the new judge can get designate government to simply one of several partners.

Ways. 1664munion products are guilty of the newest obligations contracted of the spouse or wife in order to meet household members expenses, management costs and people because of judge imposition.

Ways. 1665. The latest government and you will disposal regarding property constituting the non-public guarantee try the burden of the customer’s mate, unless of course if not consented during the an antenuptial agreement.

Artwork. 1666. Expenses developed by the often of spouses regarding management of their private assets as well as for their benefit do not assist the newest popular property.

5 Ways. 1640. If there is zero arrangement, or if it is null otherwise useless, new routine out of partial communion will be in force towards property amongst the partners. Sole Paragraph. The newest partners get, about degree process, opt for the regimes this particular password regulates. As for the function, the possibility for limited communion is reduced in order to name, putting some antenuptial contract of the societal action, on other available choices.

Therefore, the device away from total neighborhood possessions things, while the title by itself claims, in the neighborhood of all of the merchandise, that your betrothed currently had after they got partnered, present and you can future of the couple. Each other products and you may expenses is actually separated, and you can things are popular in order to each other.

The actual only real conditions on communicability rule try goods engraved which have a non-communicability term, and therefore will not stretch to fruit, unless of course or even offered.

In such a case, philosophy and you may jurisprudence remember that, when there is zero display provision to the contrary finalized by the newest spouses, new property gotten in wedding by-common work usually promote, even though inserted from the label off only 1 of them

Yet another regime regarding extreme importance from the national judge experience that of brand new breakup away from property, and this however means all the possessions received in person by partners can not be presented, when they haven’t lead to the buy, just as expenses that will be on behalf of for every single.

The significance of this regime, however, doesn’t simply come from the services, but in the simple fact that brand new legislator picked it as required definitely partners, interfering extreme towards the independence preference of one’s parties. It is very important say that there’s dialogue in the the fresh new Government Best Courtroom if or not this standard is revoked or not, since there is a comprehending that violates the individual proper off possibilities and you will 100 % free will.

So much so that the Federal Ultimate Court edited Precedent 377, predicated on and therefore “underneath the regimen away from judge break up out-of possessions, those people received in marriage are conveyed”, provided that the average work has been shown.

Together with these types of, an alternative property routine is lead because of the Municipal Code from 2002, according to and that there is certainly a separation out of assets inside the marriage, for each preserving their possessions, which can be easily addressed, apart from functions, and that rely on the new consent of your a special to market, additionally the spouses can produce throughout the antenuptial agreement which they waive the fresh agree of your other toward purchases away from actual house.