Art. 78. - Debts which the spouses had as at the day of their marriage, or which are encumbered on
inheritances and gifts they obtain during the marriage, remain personal, both in capital and in arrears
or interests.
Creditors of either spouse can only pursue their payment on the personal property and income of the
debtor.
Art. 79. - Debts for maintenance support, other than those relating to family needs, are specific to the
spouse who incurred them. They can only be pursued on the spouse’s own property.
Art. 80. - Compensation is granted to a spouse if he/she establishes that his/her partner's own assets
have been enriched to the detriment of his/her own property or the joint property.
Sub-section 3 – Administration of joint property
Art. 81. - Each of the spouses alone administers his/her earnings and income from the exercise of
his/her professional activity.
Art. 82. - Common property, other than earnings and income of the spouses, are administered by
either of the spouses. Acts performed by one spouse in violation of the rights of the other can be
challenged by the latter.
However, the agreement of both spouses is necessary to:
1. alienate real rights on a building, a business or an operation that pertains to the joint property
regime;
2. alienate securities pertaining to the joint ownership registered in the name of the husband or
the wife;
3. dispose of common property inter vivos free of charge;
4. lease a business property that pertains to the joint ownership or pass a lease exceeding three
years on a building that pertains to the joint ownership;
5. guarantee a debt of a third party;
6. contract a loan.
In the cases provided for in points 1, 2, 3 and 4 of the preceding paragraph, the spouse who has not
given his/her consent to the act can request cancellation, unless he/she has confirmed it.
The annulment action can be pursued by the spouse during the year which follows the day he/she
learned of the act. It cannot, under any circumstance, be exercised after a period of one year from the
dissolution of the joint ownership.
In the cases provided for in points 5 and 6 of paragraph 2 of this article, the contracting spouse is
solely responsible and bears the costs only on his/her own property, if he/she did not obtain the
consent of the other.
Art. 83. - Each of the spouses administers his/her own property and collects the income thereof.
Art. 84. - If one of the spouses is unable to exercise his/her will, or if his/her management of the joint
ownership or his/her own property endangers the interests of the family, the other spouse can apply
to the court either to prescribe protection measures provided for in Article 54 or to pronounce a
change of matrimonial regime.
Art. 85. - If, during the marriage, one of the spouses entrusts to the other the administration of his/her
own property, the terms of the mandate are applicable.
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