Art. 107 new. (Law 83-800 of 2-8-1983) – The terms of the authorization apply to the
management of these property with regard to the existing benefits. As for property that the
authorizing spouse might have neglected to collect, or might have consumed fraudulently, he/she
can only be held accountable for acts within the five last year.
Art. 108. new. (Law 83-800 of 2-8-1983) - After the dissolution of the marriage by the death of
one of the spouses, the sharing of undivided property between spouses under separation of
property regime is subject to all the rules which are established under the section on “Estates” for
the sharing between co-successors.
The same rules apply after divorce or separation.
CHAPTER VII
THE PROCEDURE
Art. 109. new. (Law 83-800 of 2-8-1983) – Any of the spouses who seeks to sue the other for
maintenance under the conditions described in article 53 can obtain from the President of the
Court or the Section of the Court for his/her place of domicile, through written or oral request,
authorization, in proportion to his/her needs, to be entitled to a portion of the income of his/her
partner.
The President, after hearing the applicant, and after making the necessary explanations, if the latter
persists in his/her demand, summons the spouses on a fixed date and charges a bailiff to notify the
defendant.
The order delivered, after hearing both parties, is enforceable by providing maintenance
allowance, notwithstanding any opposition or appeal.
The order made to the defending partner and third parties seized by the benefiting spouse would
imply that the latter be attributed, without any other proceedings, the sum authorized in the
warrant decision.
In case of a change in the respective situation of the spouses, the order can be modified at the
request of one of the spouses.
Art. 110 new. (Law 83-800 of 2-8-1983) - The request for a change in the matrimonial regime can
only be made after two years of application of the regime adopted by the spouses.
It is introduced according to the forms of common law before the court or the court section of the
domicile or residence of the spouses.
Art. 111. new. (Law 83-800 of 2-8-1983) - The case is investigated and heard in the pre-trial
Chamber.
Art.112. new. (Law 83-800 of 2-8-1983) - The decision pronouncing the change of matrimonial
regime is published in a newspaper of legal notices and, at the behest of the public prosecutor, is
notified to the civil status registrar of the place where the marriage was celebrated for the purpose
of mentioning on the margin of the marriage certificate, as well as to the registrar of the court
where the wedding was celebrated for it to be mentioned on the duplicate of the certificate.
Art. 113. new. (Law 83-800 of 2-8-1983) - The change of matrimonial regime has effect between
the parties from the passing of the judgment. It has effect with regard to third parties only after
mention of it has been made on the margin of the marriage certificate.
Art. 114. new. (Law 83-800 of 2-8-1983) – In case of failure to fulfil the formalities referred to in
the preceding articles, the execution of the decision is not opposable to the creditors of the
spouses.
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