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 TITLE 
12/11/1999 LAW N° 22/99 O TO SUPPLEMENT BOOK I OF THE CIVIL CODE AND TO INSTITUTE PART FIVE REGARDING MATRIMONIAL REGIMES, LIBERALITIES AND SUCCESSIONS.O.G. NÂș22 OF 15/11/1999)
 

MATRIMONIAL REGIME
Promulgation Date: 1999-11-12
Publication Date:1999-11-15
Status:Current
TABLE OF CONTENTS[Display all articles]
      Title 1.  MATRIMONIAL REGIMES
         Chapter 1.  TYPES OF MATRIMONIAL REGIMES
            Section 1.  Regime of community of property
            Section 2.  Regime of limited community of acquests
            Section 3.  Regime of separation of property
         Chapter 2.  COMMON PROVISIONS TO MATRIMONIAL REGIMES
      Title 2.  DONATIONS AND SUCCESSIONS
         Chapter 1.  DONATIONS
            Section 1.  General provisions regarding donations
            Section 2.  Donation inter vivos
            Section 3.  Ascending partition
            Section 4.  Promise of donation
            Section 5.  Legacy
         Chapter 2.  SUCCESSIONS
            Section 1.  General provisions regarding successions
            Section 2.  Testamentary succession
            Section 3.  Intestate succession
            Section 4.  Property in the succession
            Section 5.  Liquidation and partition of the property in succession
         Chapter 3.  GENERAL PROVISIONS REGARDING DONATIONS AND SUCCESSIONS
      Title 3.  TRANSITIONAL AND FINAL PROVISIONS
TEXTE
Chapter 1.  TYPES OF MATRIMONIAL REGIMES

Article:  1 
The matrimonial regime is a body of rules to be fixed by this law governing the agreement between spouses on the management of their property. 
 
Article:  2 
Upon entering marriage spouses shall choose one of the following matrimonial regimes:

1. community of property;
2. limited community of acquests;
3. separation of property.

In case no provision is made, the spouses shall be deemed to be married under the regime of community of property.  
 

Section 1.  Regime of community of property

Article:  3 
The regime of community of property is a contract by which the spouses opt for a marriage settlement based on joint ownership of all their property-movable as well as immovable and their present and future charges.  
 
Article:  4 
In the event the regime of community of property is altered in accordance with article 19 of this law, the spouses shall equally share the assets and liabilities of the common property. 
 
Article:  5 
Creditors can claim payment of debts contracted before the alteration of the regime of community of property. This payment shall be made in accordance with modalities prescribed in article 23 paragraph 1 of this law.  
 
Article:  6 
In the event of a partition of assets and liabilities in accordance with article 4 of this law, items of personal use, such as clothing, jewellery and tools, shall remain within the patrimony of the spouse they belong to.  
 
Section 2.  Regime of limited community of acquests

Article:  7 
The regime of limited community of acquests is a contract by which spouses agree to pool their respective properties owned on the day of marriage celebration, to constitute the basis of the acquests as well as the property acquired during marriage by a common or separate activity, donation, legacy or succession.  
 
Article:  8 
At the marriage celebration, the spouses who opted for the regime of limited community of acquests shall establish and submit to the officer of civil status a signed inventory of assets and- liabilities defined by each spouse to constitute the community.
Any property that is not inventoried as common property shall, be presumed to be personal property.  
 
Article:  9 
In the event the spouses wish to alter marital regime in accordance with article 19 adopting that of limited community of acquests, they shall have to indicate in the inventory the liabilities intended for the community.

The copy of this inventory shall be appended to the extract of the judgement by the court clerk and forwarded to the officer of civil status.  
 

Article:  10 
The debts, other than those included in the community at the time of marriage, contracted by one of the spouses before and after his or her marriage for his or her personal use, shall be discharged from the personal property of the spouse debtor.  
 
Section 3.  Regime of separation of property

Article:  11 
The regime of separation of property is a contract by which spouses agree to contribute to the expenses of the household in proportion to their-respective abilities while retaining the right of enjoyment, administration and free disposai of their personal property. 
 
Article:  12 
Upon request by one of the spouses or any interested third party, the spouse who imperils the interest of the household by, depreciating or dissipating his or her property may be divested of the right of administration and enjoyment in accordance with article 11 of the present law.

Request shall be submitted under summary procedure before the Court of First Instance of the place of residence of the spouses.

Unless it appears necessary that a judicial administrator be appointed, the judgement shall endow the applicant spouse with the power to administer the personal property of the divested spouse and to collect the fruits thereof which shall be used for the household, and the rest shall be held as a deposit.

The divested spouse shall keep the ownership without usufruct of his or her property.

The divested spouse may subsequently address a request to the court for the restoration of his or her rights once it is established that the underlying cause of the divestment no longer exists.  
 

Article:  13 
When during the marriage one of the spouses transfers to the other the administration of his or her patrimony, the rules of mandates shall be applied.  
 
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