If one of the spouses manages the other's own property without opposition from the latter, it is
supposed he/she has received a tacit mandate which covers only acts of administration.
Art. 86. - The spouse who, in defiance to an opposition, interferes in the management of the other's
property, is responsible for all the resultant damages.
Art. 87. - The joint property regime is dissolved by:
1. the death or the final declaration of absence or death in the event of the disappearance of one
of the spouses;
2. divorce or legal separation;
3. the annulment of the marriage;
4. the change of the joint property regime to a separation of property regime.
Art. 88. - The decision to dissolve the joint property regime or any provisional measure pronounced
by the judge is published in accordance with Article 64.
Art. 89. - The decision declaring the dissolution of the joint property regime dates back to day of the
request, with regard to its effects on the spouses.
Art. 90. - The dissolution of the joint property regime entails the liquidation of the interests of the
spouses, and places the spouses under the separation of property regime.
Art. 91. – Once the joint ownership is dissolved, each of the spouses takes back in kind his/her own
personal property or those which were acquired through re-use, with proof of such ownership.
Art. 92. – Stock is taken of the compensation that each of the spouses is due in the joint property
regime, as well the debts each spouse owes in the regime.
If the balance-sheet shows a balance in favor of a spouse, he/she has the choice to deduct the
corresponding amount of what is owed him/her from the totality of their joint property, or to deduct the
corresponding property from the common property.
If the balance-sheet presents a balance in favor of the joint ownership, the concerned spouse pays
back the amount to the totality of the joint property.
Compensation owed by or to the joint ownership bears interest as of right from the day of the
partitioning.
Art. 93. – Deductions are made by mutual agreement between the spouses or their next-of-keen; in
the event of a dispute, the court rules at the request of the interested party.
Art. 94. - In case of lack in the joint property regime due to error of one of the spouses, the other
spouse can make the deductions from the personal property of the spouse responsible.
Art. 95. - The provisions of the regulations on inheritance relating to the modalities for sharing and
the rights of creditors after the partitioning are applicable to the sharing of joint property.
Art. 96. - If the dissolution of the joint ownership results from death, a judgment declaring absence or
a judgment declaring death in the event of the disappearance of one of the spouses, the surviving
spouse has the option to maintain the joint ownership, or to be attributed sole ownership, based on
expert estimates, over the professional business, trade, industrial, craft or agricultural enterprise
12
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات