A spouse is deemed for given up additional as he otherwise she has leftover the conjugal dwelling in place of intention of returning. (167a, 191a)
(1) An email list would be waiting, checklist individually all the qualities of the conjugal union in addition to exclusive features of each lover.
(2) Amounts complex by the conjugal commitment within the fee off personal bills and you will financial obligation away from sometimes partner will likely be paid towards conjugal commitment just like the a secured item thereof.
(3) Per companion should be refunded towards the usage of their otherwise their personal financing on purchase of property and new property value their unique private possessions, the fresh new control from which has been vested by law about conjugal partnership.
(4) New expenses and you can personal debt of conjugal connection can be paid back out of the conjugal possessions. In the eventuality of deficit off told you possessions, the newest partners should be solidarily accountable for brand new unpaid equilibrium which have the separate characteristics, in accordance with the terms out-of section (2) out of Blog post 121.
(6) Unless of course the owner ended up being indemnified of whichever provider, the loss or break down from movables useful for the benefit of the family, owned by sometimes spouse, also due to fortuitous feel, should be repaid so you’re able to told you partner about conjugal fund, or no.
(7) The internet rest of the conjugal connection characteristics will compose the new earnings, and therefore is going to be divided equally between couple, unless a new proportion or section are decideded upon about relationship agreements or unless there have been a voluntary waiver or forfeiture of these express since offered within this Password.
(9) From the partition of the qualities, new conjugal dwelling and the parcel about what it’s established shall, except if or even arranged by functions, be adjudicated into companion with just who almost all of the preferred students want to are nevertheless. (181a, 182a, 183a, 184a, 185a)
130. Through to the termination of the marriage because of the passing, the latest conjugal connection property will likely be liquidated in identical continuing into the payment of your own house of deceased.
In the event the no official payment continuing is kone ecuadoriansk actually instituted, the new thriving lover shall liquidate this new conjugal partnership assets sometimes judicially otherwise a lot more-judicially contained in this six months regarding death of the deceased mate. In the event the upon this new lapse of your six-month several months zero liquidation is generated, any state of mind or encumbrance between your conjugal union assets of one’s ended matrimony should be void.
If the thriving partner deal a subsequent relationships instead of compliance that have this conditions, a mandatory regime of over break up away from property will govern the fresh possessions affairs of one’s subsequent wedding. (n)
Art
131. When the liquidation of your conjugal relationship functions out of a couple of otherwise a great deal more age people before the effectiveness associated with the Code try sent aside on top of that, brand new particular resource, good fresh fruit and income of every partnership would be computed upon such as for example research given that are believed according to laws out of evidence. In case there are doubt about hence commitment current characteristics fall in, a similar would be split within more partnerships in proportion into the money and lifetime of for each. (189a)
132. The guidelines out of Judge into government off properties out-of deceased persons are noticed in the fresh appraisal and you may purchases regarding possessions of conjugal commitment, or other issues which are not expressly calculated in this Part. (187a)
If there is zero like bulk, the courtroom shall choose, taking into consideration the best interests of said college students
133. About prominent size out of property support might be made available to the fresh enduring mate also to the children inside liquidation out-of the fresh new inventoried property and you can until just what belongs to them is actually introduced; but from this might be deducted you to definitely matter acquired for support and therefore is higher than the newest good fresh fruit otherwise rents when it comes to all of them. (188a)