Matrimonial regime, spouse responsibilities, creditor rights, asset distribution, community property, French Civil Code, marriage contract, debt liability
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Abstract
Summary of rules governing matrimonial regimes, including asset distribution, creditor rights, and spouse responsibilities.
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[...] ) The sort du passif 1499 CC provides that the common asset includes : - debts which would be part of la legal community - a fraction of the debts" : *present = prior to marriage *futures = which encumber inheritances / donations / legacies received during the marriage The fraction of liabilities is proportional to the fraction of assets that the community receives (1498 CC). for example: a spouse receives assets from deceased parents. One must pay the tax authorities the rights owed to them. If the estate includes ¼ real estate / ¾ personal property. [...]
[...] These rules are of public order. The legislator pursues two objectives: - to impose a collaboration between the spouses - guarantee the independence of the spouses tion 1 : The collaborateration des époux 1 - Les règles relatives à l'entretien de la famille A - La ccontribution aux charges du mariage (214 CC) L'objet It's the participation finalncière of a spouse to the entire expenses of the marriage / of the family. Are at the same time expenses : - necessary to the need of family life (to lodge, to feed, takes care of oneself ) - non-essential expenses (leisure, vacation expenses, etc.) for example as soon as a couple buys a building to make it their secondary residence candit is part of the contribution to the costs of the marriage because afFamily Inheritance ( [...]
[...] if there is already a adult protected child : their representative must be informed / may form opposition. if there is already a minor child : *if he lives with his parents (who are his legal representatives) : the notary can refer the JAF which will decide what to do. *if he is under guardianship a parent cannot take care of him) : the notary must informto inform the representative of the latter of the change > this can form an opposition. [...]
[...] Two situations : - goods whose'alienation is subject to pandblicité : The annulment aims to cover violations occurring after the publication of the ordinance in the land register as it is at this moment that the ordinance is opposable aux tiers. - other cases : the bad faith of the third party is required > 222 CC: each spouse can make an act on a movable property when the third party is in good faith. As for the prescription: - acts subject to publicity : 2 years from publication - other acts : 2 years from the day he had knowledge of the act violating the order The sanction is civil and/or penal. [...]
[...] Execution can take place in cash / in kind (more dieasy). for example: a spouse does not work but takes care of the children, the household MORE the spouse theless wealthy may, depending on the circumstances of the case, not contribute to the expenses of the marriage. The spouses who do not do not live together must still contribute to the expenses of the marriage THEREFORE possible to seize the JAF to obtain the condemnation of the other outside of any divorce procedure. [...]
