which was being managed by himself/herself or by his/her spouse if, as at the day of the dissolution
of the joint ownership, he/she was participating, directly or indirectly, in the enterprise.
If the surviving spouse opts for the allocation of sole ownership, he/she compensates the heirs to the
proportion of the share which they would have inherited if the joint property had been liquidated.
The surviving spouse can be allocated, based on expert estimates, the building or part of the building
actually serving as home to the spouses or the right to lease the said property.
The estimates and attribution of sole ownership are made amicably. In the event of a dispute, the
court rules at the request of the interested party. The resulting decision is enforceable by provision.
Art. 97. - The spouse who has usurped some items pertaining to the joint ownership regime is
deprived of his/her portion in the said items.
Section 4 - Separation of property regime
Art. 98. - Each of the spouses retains the administration, enjoyment and free disposal of his/her own
personal property, subject to ensuing his/her contribution to household expenses.
Each spouse remains solely responsible for the personal debts incurred before or during the
marriage, subject to those resulting from household charges.
Art. 99. - A spouse can prove, by any means, both with regard to his/her partner and to third parties,
that he/she is the exclusive owner of a property, subject to special provisions in real estate matters.
Art. 100. - Property over which neither of the spouses can prove exclusive ownership are deemed to
belong to both of them indivisibly, each entitled to half.
However, depending on their nature and destination, movable property which have personal
attributes and rights that can be exclusively attached to a person, are presumed to belong to any one
of the spouses. Proof of the contrary can be reported through any means.
Art. 101. - The spouses who opt for the separation of property regime may, by an agreement
approved by the president of the competent court or before a notary, organize their relationship vis-àvis their property.
Art. 102. - The provisions of Articles 85 and 86 apply by analogy with the separation of property
regime.
CHAPTER 9
Dissolution of marriage
Art. 103. - Marriage is dissolved by:
1. the death of one of the spouses;
2. divorce;
3. a court declaration of absence of one of the spouses;
4. the legally declared death in the event of disappearance;
5. the annulment of the marriage.
13
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات