A wife can be considered to own abandoned one other when he otherwise she has kept new conjugal dwelling as opposed to aim of returning. (167a, 191a)
(1) A list should be prepared, list independently most of the attributes of conjugal partnership while the private features of each and every mate.
(2) Quantity state-of-the-art from the conjugal relationship in fee regarding individual expenses and you can obligations off both spouse shall be credited toward conjugal relationship since the a secured asset thereof.
(3) For each and every mate are going to be refunded on access to their or their unique exclusive money regarding the acquisition of possessions and for the fresh value of their unique exclusive assets, the newest control of which might have been vested by law from the conjugal connection.
(4) The fresh expenses and you can loans of your conjugal union can be repaid out from the conjugal possessions. In case there are deficiency of said possessions, the latest spouses are solidarily responsible for brand new delinquent equilibrium that have its independent characteristics, in accordance with the terms regarding paragraph (2) out-of Blog post 121.
(6) Except if the particular owner ended up being indemnified regarding whichever supply, the loss otherwise destruction off movables used for the advantage of the household, belonging to possibly companion, actually on account of fortuitous knowledge, would be paid to help you said lover from the conjugal funds, if any.
(7) The net other countries in the conjugal connection characteristics should compensate brand new earnings, and therefore might be split up similarly anywhere between husband and wife, until a separate proportion otherwise division are decideded upon in the wedding agreements otherwise except if there have been a voluntary waiver or forfeiture of such show because given inside Code.
(9) On the partition of features, the fresh conjugal dwelling while the lot on which it’s built will, unless otherwise arranged by functions, end up being adjudicated into lover with just who most of the well-known youngsters like to are. (181a, 182a, 183a, 184a, 185a)
130. Upon the termination of the marriage by demise, the newest conjugal connection property should be liquidated in identical continuing for the settlement of one’s estate of your own lifeless.
If the zero judicial payment proceeding try instituted, the fresh new surviving mate shall liquidate the brand new conjugal connection possessions possibly judicially or a lot more-judicially contained in this half a year from the death of the fresh new dead spouse. In the event that up on new lapse of your own half dozen-week period zero liquidation is made, people state of mind or encumbrance amongst the conjugal connection property of terminated relationship is void.
Should the surviving lover package a following relationships instead of conformity having this conditions, a compulsory program of complete separation regarding possessions shall govern the fresh new possessions interactions of one’s next marriage. (n)
Art
131. After liquidation of your own conjugal relationship services out-of several or a lot more age people up until the effectivity of the Password try transmitted out simultaneously, brand new respective investment, fruit and you may money of each and every connection can be computed on like research as is generally believed depending on the regulations away from facts. In case there are question on which union the existing qualities belong, a comparable are split between your additional partnerships compared to your capital and you may duration of each. (189a)
132. The guidelines from Judge to your management regarding estates out-of dead individuals shall be present in the new assessment and you can business out of possessions of your conjugal partnership, and other matters which aren’t explicitly computed in this Chapter. (187a)
In case of no like most hot indisk pige, the judge will select, thinking about the best interests off told you people
133. Regarding the preferred bulk off assets help are going to be given to the newest thriving spouse in order to the children within the liquidation out-of the new inventoried property and up to exactly what belongs to them are lead; but using this are deducted one to matter gotten to possess assistance and this exceeds the brand new fresh fruit or rents over them. (188a)