A wife can be regarded as to have quit one other as he or she’s got kept brand new conjugal house without intention of coming back. (167a, 191a)
(1) A listing should be prepared, list separately most of the characteristics of the conjugal connection plus the personal functions of each mate.
(2) Amounts cutting-edge because of the conjugal relationship when you look at the payment of personal debts and you will obligations out-of sometimes partner should be credited to your conjugal commitment as a secured item thereof.
(3) For each and every partner should be reimbursed on use of their or their unique exclusive loans from the purchase of property or even for the brand new worth of their particular exclusive assets, brand new control at which might have been vested by law on conjugal relationship.
(4) The fresh new costs and debt of conjugal partnership are repaid out from the conjugal possessions. In case of lack regarding told you assets, the fresh spouses shall be solidarily responsible for this new unpaid harmony having their independent properties, in accordance with the arrangements of part (2) off Article 121.
(6) Unless of course the owner ended up being indemnified regarding whichever resource, the loss otherwise break down from movables useful for the advantage of the household, owned by either partner, also due to fortuitous feel, should be paid so you’re able to said spouse throughout the conjugal fund, or no.
(7) The web based remainder of the conjugal union attributes should constitute the new winnings, and this would be divided similarly between husband and wife, except if a different ratio otherwise section is agreed upon on wedding settlements otherwise except if there’ve been a voluntary waiver or forfeiture of such express once the offered inside Password.
(9) Throughout the partition of characteristics, this new conjugal house and lot on which it’s established shall, until otherwise decideded upon https://getbride.org/da/paraguay-kvinder/ of the functions, getting adjudicated into the partner having whom a good many preferred children like to are nevertheless. (181a, 182a, 183a, 184a, 185a)
130. On the conclusion the wedding of the dying, this new conjugal union assets would be liquidated in the same continuing towards the settlement of your own property of your lifeless.
If zero official payment continuing is actually instituted, this new surviving companion will liquidate brand new conjugal commitment assets either judicially otherwise extra-judicially inside 6 months about death of the newest dry companion. In the event the through to brand new lapse of your own half a dozen-day months zero liquidation is done, one disposition otherwise encumbrance between your conjugal partnership assets of the ended relationship would be void.
If the surviving mate contract a following matrimony as opposed to conformity which have this conditions, a mandatory regimen of done separation of property will regulate brand new property affairs of subsequent wedding. (n)
Art
131. If the liquidation of one’s conjugal commitment services off a few or even more elizabeth individual before effectiveness for the Password was carried away as well, the fresh respective funding, good fresh fruit and you can earnings of every relationship is going to be determined abreast of such evidence given that are sensed according to laws out-of research. In case of question on and therefore commitment the existing functions fall-in, the same is going to be divided between the some other partnerships compared towards funding and you will duration of for each. (189a)
132. The guidelines away from Judge on the management from locations away from inactive persons is observed in the assessment and you can selling regarding property of the conjugal commitment, or any other matters that aren’t explicitly computed in this Chapter. (187a)
In case there are zero including vast majority, brand new courtroom should pick, thinking about the needs from told you pupils
133. From the common bulk off property service can be given to the newest surviving mate and the youngsters for the liquidation off the new inventoried assets and up until exactly what is part of all of them are introduced; however, from this will be subtracted you to definitely matter acquired to own support hence exceeds the new fruits otherwise rents about them. (188a)