The act carried out under the conditions set by the court authorization is enforceable against the
spouse whose support or consent was lacking.
Art. 71. - Each of the spouses has the right to engage any contract that pertains to household
maintenance support and education of children. Any debt thus contracted by one jointly obliges the
other.
However, solidarity does not apply for expenses manifestly excessive in view of the standard of living
of the household or the utility of the transaction. The absence of solidarity is not opposable to third
party contractors acting in good faith.
Section 3 – Joint property regime
Sub-section 1 – Assets of the joint property regime
Art. 72. - The assets of the joint property regime consist of:
1. the earnings and income of the spouses;
2. property acquired by the spouses against payment during the marriage, excluding property
referred to in Article 73;
3. property bequeathed or given jointly to the two spouses.
Art. 73. – Personal property include:
1. property that the spouses own as at the date of their marriage or that they acquire after
marriage by inheritance or donation;
2. property acquired for a fee during the marriage, when this acquisition was made with own
funds or from the alienation of own property;
3. clothing and linens for personal use of one of the spouses, actions in compensation for
physical or moral damages, non-transferable debts and pensions and, generally, all personal
property and rights exclusively attached to the person;
4. property acquired as an accessory to own property with own funds as well as new securities
and other bonuses relating to own movable securities;
5. Work tools necessary for the profession of any of the spouses, unless it is an accessory of a
business or an operation which is part of the joint property regime, subject to the provisions of
article 80.
Art. 74. – Any property is presumed to be common, if one of the spouses does not prove that it
belongs solely to him/her.
Sub-section 2 – Liabilities of the joint property regime
Art. 75. - The liabilities of the joint property regime are made up of debts contracted by spouses for
household maintenance, the education of children or any other debts arising in the interest of the joint
property regime.
Art. 76. - The debts incurred by any of the spouses may be prosecuted:
1. on the common property and on the personal property of any of the spouses, if they relate to
the needs and expenses of the family;
2. on the own property of the spouse who incurred them, if they do not relate to the needs and
expenses of the family, and, in the event of insufficiency, on the common property.
Art. 77. - Debts jointly incurred by the spouses, whether in their common interest or in the interest of
one of them only, can be prosecuted on their joint property and on each of their personal property.
10
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات