Art. 97 new. (Law 83-800 of 2-8-1983) - If one of the spouses establishes that one of their
personal property has been sold and that the price was jointly fixed by the couple, the spouse
deducts the corresponding equivalent from the joint property.
Art. 98 new. (Law 83-800 of 2-8-1983) - The wife makes her deductions before the husband.
Art. 99 new. (Law 83-800 of 2-8-1983) – Damages and reparations can be granted,
notwithstanding any contradiction, for acts done by the partner and which have affected the joint
property or the personal property of any of the spouses:
- if the partner who carried-out the acts did not have the right to do so;
- if these acts constitute acts of mismanagement or were done in violation of the rights
of the applicant.
Art. 100 new. (Law 83-800 of 2-8-1983) – No request for compensation can be granted if based
on acts done three years before the dissolution of the joint ownership.
Art. 101 new. (Law 83-800 of 2-8-1983) – Compensation is granted to a spouse, if he/she
establishes that the personal property of their partner have generated more wealth at the detriment
of the personal property of the applicant or their common property.
Art. 102 new. (Law 83-800 of 2-8-1983) - Subject to the provisions contained in the preceding
articles, the common property is shared equally between the spouses.
The provisions governing the sharing of estates are applicable to the sharing of the joint property.
If the court seized of an action for sharing of joint property, either as the main subject or an
appendage to an action for divorce or legal separation, appoints a notary or any other qualified
person under the conditions set out in article 90 of Law n° 64-379 of October 7, 1964 relating to
estates, it must refer the case to the magistrate of the first instance responsible for the pre-trial
provided for by articles 48 and following of the Civil, Commercial and Administrative Procedure
Code.
This judge also rules on all disputes that delay or hinder the progress of the sharing operations.
He proceeds to replace the person appointed by the court when such a person is unable to attend.
Paragraph 3 - Separation of Property Regime
Art. 103 new. (Law 83-800 of 2-8-1983) - When the spouses have declared, in accordance with
the procedures in force, to opt for the regime of separation of property, each of them retains the
administration, the enjoyment and the free disposal of their personal property.
Each of them remains solely liable for the debts incurred personally before or during the marriage,
except in the case described in Article 65.
Art. l04 new. (Law 83-800 of 2-8-1983) - Both with regard to his/her partner and to third parties,
a spouse can prove by all means that he/she has the exclusive ownership of property.
The property over which none of the spouses can prove exclusive ownership are deemed to belong
to both of them, each entitled to half.
Art. l05 new. (Law 83-800 of 2-8-1983) - If during the marriage, one of the spouses entrusts the
administration of his/her personal property to the other, the terms of the authorization are
applicable. The authorizing spouse is, however, exempt from rendering account of the outcome of
the concerned property, when the power of attorney does not expressly oblige him/her to do so.
Art. 106 new. (Law 83-800 of 2-8-1983) - The administration by one of the spouses of the
property of the other in the sight or with the knowledge of the latter and without opposition on the
part of the latter is considered to be exercised by virtue of a tacit authorization.
This authorization does not cover the disposal of the given property.
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