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data/DIVISION OF ASSETS AFTER DIVORCE.txt

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+CIVIL CODE 
+159 
+STATUTORY MATRIMONIAL PROPERTY REGIME
+
+CIVIL CODE
+160
+MANDATORY RIGHTS 
+The spouses can not waive either their rights or their duties under the law as a result of marriage.
+
+CIVIL CODE
+161
+GENERAL REFERENCE TO LAWS OR CUSTOMS
+The spouses can not agree in a general way that their property relationships shall be governed in whole or in part by laws to which they are not subject or by custom, but must set out in concrete terms the content of the agreements by which they intend to regulate these relationships.
+
+CIVIL CODE 
+162 
+FORM OF MARRIAGE AGREEMENTS
+Marriage agreements [artt. 159, 167 ff., 215 ff.] must be concluded by authentic instrument under penalty of nullity.
+The choice of separation [215] may also be declared in the marriage celebration.
+Conventions may be concluded at any time, subject to the provisions of Article 194.
+Marriage agreements can not be enforced against third parties when the date of the contract, the notary who drew up the contract and the particulars of the contracting parties, or the choice referred to in the second paragraph, are not recorded in the margin of the marriage certificate.
+163 
+AMENDMENT OF AGREEMENTS
+Amendments to marriage agreements, whether before or after the marriage, have no effect unless the authentic instrument is drawn up with the consent of all the persons who were parties to the agreements, or their heirs.
+If one of the spouses dies after having given his or her consent by authentic instrument to the modification of the agreements, the latter produces its effects if the other parties also subsequently express their consent, subject to the approval of the court. The homologation may be requested by all the persons who participated in the amendment of the agreements or by their heirs.
+The agreed amendments and the homologation are effective towards third parties only if an annotation to that effect is made in the margin of the marriage certificate.
+The annotation must also be made in the margin of the transcription of the marriage agreements where this is required.
+164
+SIMULATION OF MARRIAGE AGREEMENTS
+Evidence of the simulation of marriage agreements is allowed to third parties.
+Written counter-declarations may have effect in relation to those between whom they were made, only if they were made with the presence and simultaneous consent of all the persons who were parties to the marriage agreements.
+
+CIVIL CODE
+166-BIS
+PROHIBITION OF THE ESTABLISHMENT OF A DOWRY
+Any agreement that in any way aims at the establishment of assets as a dowry is null and void.
+
+CIVIL CODE 
+167
+CONSTITUTION OF A MATRIMONIAL PROPERTY FUND
+Either or both spouses, by public deed, or a third party, including by will, may set up a property fund, allocating certain assets, whether real  or movable property, entered in public registers or securities, to meet the family's needs.
+The constitution of the matrimonial property fund by deed between living persons, carried out by the third party, is perfected by the acceptance of the spouses. Acceptance may be made by a subsequent public deed.
+The constitution may also be made during marriage.
+Debt securities must be pledged by making them registered with a note of the pledge or in another adequate manner.
+
+CIVIL CODE 
+168
+USE AND ADMINISTRATION OF THE FUND
+Ownership of the property constituting the matrimonial property fund belongs to both spouses, unless otherwise stipulated in the deed of constitution.
+The fruits of the assets constituting the patrimonial fund are used for the needs of the family.
+The administration of the property constituting the matrimonial property fund is governed by the rules on the administration of legal community.
+
+CIVIL CODE 
+169
+ALIENATION OF FUND PROPERTY
+Unless expressly allowed in the deed of constitution, assets of the matrimonial property fund can not be alienated, mortgaged, pledged or otherwise bound except with the consent of both spouses and, if there are minor children, with the authorisation granted by the court, by order made in chambers, in cases of obvious necessity or utility
+
+CIVIL CODE 
+170
+EXECUTION ON FUND PROPERTY
+Execution on the fund's property or its fruits can not be levied for debts which the creditor knew to have been contracted for purposes extraneous to the needs of the family.
+
+CIVIL CODE 
+171
+TERMINATION OF THE FUND
+The destination of the fund terminates upon annulment or dissolution or cessation of the civil effects of the marriage.
+If there are minor children the fund lasts until the last child comes of age. In such a case the court may, at the request of any interested party, lay down rules for the administration of the fund.
+Having regard to the economic conditions of the parents and the children and any other circumstances, the court may also assign to the children, in enjoyment or ownership, a share in the property of the estate.
+If there are no children, the provisions on the dissolution of legal community apply.
+
+
+177 
+OBJECT OF COMMUNITY
+178
+ASSETS INTENDED FOR THE OPERATION OF BUSINESS
+PERSONAL PROPERTY
+180 
+ADMINISTRATION OF COMMUNITY PROPERTY
+181
+REFUSAL OF CONSENT
+If one of the spouses refuses to give consent for the conclusion of an act of extraordinary administration or for other acts for which consent is required, the other spouse may apply to the court to obtain authorisation if the conclusion of the act is necessary in the interest of the family or the business which, in accordance with Article 177(d), forms part of the community.
+
+CIVIL CODE
+182
+ADMINISTRATION ENTRUSTED TO ONLY ONE OF THE SPOUSES
+In the event of the distance or other impediment of one of the spouses, the other, in the absence of a power of attorney(2) from the former evidenced by a public document or by an authenticated private contract, may, with the authorisation of the court and subject to such precautions as the court may prescribe, carry out the necessary acts for which the consent of both spouses is required under Article 180.
+In the case of joint management of a business, one of the spouses may be delegated by the other to perform all acts necessary for the business.
+
+CIVIL CODE 
+183
+EXCLUSION FROM ADMINISTRATION
+If one of the spouses is a minor or cannot administer or has mismanaged, the other spouse may ask the court to exclude him/her from the administration.
+The spouse deprived of the administration may apply to the court for reinstatement if the grounds for exclusion have ceased to exist.
+The exclusion takes effect as of right with regard to the disqualified spouse and remains in force until the disqualification ceases.
+
+CIVIL CODE 
+184
+ACTS PERFORMED WITHOUT THE NECESSARY CONSENT
+Acts performed by one spouse without the necessary consent of the other spouse and not validated by the latter are voidable if they concern real property or movable property listed in Article 2683 (i.e.,1) ships and floating vessels registered in the registers indicated in the Code of Navigation 
+2) aircraft entered in the registers indicated in the same code;3) motor vehicles entered in the public register of motor vehicles).
+The action may be brought by the spouse whose consent was required within one year of the date on which he/she became aware of the act and in any event within one year of the date of transcription. If the act has not been transcribed and the spouse did not have knowledge of it before the dissolution of the community, the action may not be brought later than one year after the dissolution of the community.
+If the acts relate to movable property other than that referred to in the first paragraph(3), the spouse who has performed them without the consent of the other is obliged, at the latter's request, to restore the community in the state in which it was before the act was performed or, if this is not possible, to pay the equivalent in accordance with the current values at the time of the restoration of community
+
+CIVIL CODE 
+185
+ADMINISTRATION OF A SPOUSE'S PERSONAL PROPERTY
+The provisions of the second, third and fourth paragraphs of Article 217 apply to the administration of property not forming part of a community of property or an estate [167-171 of the Civil Code].
+
+186
+OBLIGATIONS ON COMMUNITY ASSETS
+The  community property is liable for:
+(a) all weights and burdens imposed on them at the time of their acquisition;
+(b) all burdens of administration;
+(c) expenses for the maintenance of the family and for the education and upbringing of the children and any obligations incurred by the spouses, even separately, in the interests of the family
+(d) any obligation contracted jointly by the spouses [192].
+
+187 
+OBLIGATIONS CONTRACTED BY SPOUSES BEFORE MARRIAGE
+188
+OBLIGATIONS ARISING OUT OF GIFTS OR SUCCESSION
+189
+190 
+SUBSIDIARY LIABILITY OF PERSONAL PROPERTY 
+DISSOLUTION OF COMMUNION
+REFUNDS AND RETURNS
+
+CIVIL CODE
+193 
+JUDICIAL SEPARATION OF ASSETS
+194
+DIVISION OF COMMUNITY PROPERTY
+195 
+REMOVAL OF MOVABLE PROPERTY
+196 
+REIMBURSEMENT OF VALUE IN CASE OF LACK OF THINGS TO BE WITHDRAWN
+197 
+LIMITS TO LEVY AGAINST THIRD PARTIES
+210
+CONVENTIONAL CHANGES TO LEGAL COMMUNITY OF PROPERTY
+211 
+OBLIGATIONS OF SPOUSES CONTRACTED BEFORE MARRIAGE
+215 
+SEPARATION OF PROPERTY
+ADMINISTRATION AND USE OF PROPERTY
+OBLIGATIONS OF THE SPOUSE ENJOYING THE PROPERTY OF THE OTHER SPOUSE
+PROOF OF OWNERSHIP OF PROPERTY
+COMPULSORY JOINDER
+RULING ON THE APPLICATION FOR DIVISION
+DIRECTION OF OPERATIONS
+SALE OF MOVABLE PROPERTIES
+SALE OF REAL ESTATE
+When the operations are entrusted to a professional, the professional shall carry out the sale directly, in accordance with the provisions of this article.
+DIVISION PLAN AND OBJECTIONS
+If no dispute arises, the examining magistrate, by means of an order that cannot be appealed against, declares the project enforceable, otherwise he shall proceed in accordance with article 187, i.e. he shall refer the case to the court for decision after any necessary preliminary investigation. 
+In any case, the examining magistrate makes the necessary arrangements for the drawing of lots by order. 
+790 
+DIVISION OPERATIONS BEFORE THE NOTARY
+791 
+DIVISION PROJECT DRAWN UP BY THE NOTARY
+791-BIS 
+DIVISION ON JOINT APPLICATION