However, in this case: a) If the debts were incurred by the wife, they can only be prosecuted on her own property or on reserved property, in the absence of the express or tacit authorization of the husband in the agreement on which the debt is based; b) If they were incurred by the husband, they can be prosecuted on his personal property or on the joint property, except for the wife’s reserved property. Art. 85 new. (Law 83-800 of 2-8-1983) – Debts jointly incurred by the spouse, whether in their common interest or in the interest of one of them only, can be prosecuted on their joint property, including the wife’s reserved property and each of their personal property. Art. 86 new. (Law 83-800 of 2-8-1983) – Debts considered as solidary to the spouses are those incurred in the interest of the household. They can be prosecuted under the conditions prescribed in the preceding article. Art. 87 new. (Law 83-800 of 2-8-1983) – In a case whereby the disorder of the husband’s activities compromises the wife, the latter can obtain a court order to enjoy and freely use the fruits and revenues of her personal property. Art.88 new. (Law 83-800 of 2-8-1983) – The court order issued in application of article 87 is inserted within a period of fifteen days from the date on which it becomes res judicata, in a newspaper of legal notices, and mention is made on the margin of the marriage certificate – this, at the behest of public prosecutor. In the event of inaction by the public prosecutor, the publicity measures provided for in the previous paragraph may be requested directly by the parties, upon presentation of a copy of the judgment or a certificate, issued by the court registrar, attesting that the decision is final. Art. 89 new (Law 83-800 of 2-8-1983) - The judgment which attributes to the wife the enjoyment and the disposition of the fruits and income of her personal property, takes effect from the date of the request. Art. 90 new. (Law 83-800 of 2-8-1983) - After the date provided for in article 89, the husband can no longer sell or alienate, without the support of the wife, the common property acquired prior to this date. Art. 91 new. (Law 83-800 of 2-8-1983) - The debts incurred by one of the spouses after the same date can only be prosecuted on the property, income and personal wages of the concerned spouse. Only the debts incurred by each of the spouses with the support of the other can be prosecuted on joint property acquired before the court order. The provisions of Articles 85 and 86 remain applicable. Art. 92 new. (Law 83-800 of 2-8-1983) - The provisions of articles 68 and 87 have no effect whatsoever on the consistency of the joint ownership. Art. 93 new. (Law 83-800 of 2-8-1983) - The creditors of the husband can appeal against the decision rendered in application of article 87 pronounced in violation of their rights. They can also intervene in the proceeding. Art. 94 new. (Law 83-800 of 2-8-1983) - When the causes which justified his relinquishment no longer exist, the husband can apply in court for restoration of his rights. Art. 95 new. (Law 83-800 of 2 8-1983) - The joint ownership is dissolved through the death of one of the spouses, through absence, divorce, separation and through the change of the regime of joint property to separation of property. Art. 96 new. (Law 83-800 of 2-8-1983) - When the joint ownership is dissolved, each spouse takes back in kind the property which is his/her own, with justification that he/she is the owner.

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