Art. 60. - The spouses cannot, through agreement, derogate neither to the duties nor to the rights
binding on them by virtue of the matrimonial regime they have chosen.
Art. 61. - When the marriage is celebrated, changes to the matrimonial regime adopted by the
spouses can only be made in the sole interest of the family.
Art. 62. - The request for change of matrimonial regime can be presented by both spouses or by one
of the spouses after two years of application of the adopted regime.
It is submitted following the common law format before the court of the domicile or residence of the
spouses.
Art. 63. - The case is heard in the pretrial chamber. The judgment is passed in open court.
Art. 64. - The decision pronouncing the change of matrimonial regime is published in a newspaper of
legal notices and in the Trade and Movable Property Credit Register, if one of the spouses is a trader.
It is notified, at the request of the public prosecutor, to the civil status register for the purpose of
mentioning on their birth certificates and marriage certificates.
Art. 65. - The change of matrimonial regime takes effect between the parties from the passing of the
judgment. It only takes effect on third parties as from its publication in the newspaper of legal notices
and in the Trade and Movable Property Credit Register, if one of the spouses is a trader.
Section 2 • - Common provisions on matrimonial regimes
Art. 66. - Each spouse enjoys full legal rights. However, his/her rights and powers are limited by the
implications of the matrimonial regime and the following provisions.
Art. 67. - Each of the spouses receives his/her earnings and income, but can only dispose of them
freely after having fulfilled the household charges.
Art. 68. - Each of the spouses can open, without the consent of the other, a bank savings or
securities account in his/her name.
The spouse who is holder of a bank account is deemed, with regard to the custodian, to have the free
administration of funds and securities in the account.
Art. 69. - If one of the spouses is unable to exercise his/her will, the other can be granted the powers
by a court to represent him/her, either in a general sense or in specific circumstances, in the exercise
of the rights resulting from the matrimonial regime.
The conditions and scope of this representation are set by the court.
In the absence of legal authority, power of attorney or empowerment by court, the acts carried out by
one of the spouses, on behalf of the other, are binding on the latter, according to the rules of business
management.
Art. 70. - A spouse may be authorized by the court to carry-out only an act for which the support or
consent of the other is necessary, if he/she is unable to exercise his/her will or if his/her refusal is not
justified in the best interests of the family.
9
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