Conflict of fidelity for a price recorded in HT, other than the one noted!

Conflict of fidelity for a price recorded in HT, other than the one noted!

 

 

Question

In proceedings on a legal ground, Art. 23 SC constitute a challenge correctness authenticated by the notary deeds and conduct, establishing the fact that the acquisition during the marriage a right in rem over immovable property is paid a price other than that indicated in the deed and proof of this fact eligible you are all the means of proof, including proof of negotiation of a price other than the one pronounced in the notarial deed or a different way of its payment than that specified in the notarial deed?

 

Answer

Under the matrimonial property regime, the property has the status of the funds invested in its acquisition. With the request under Art. 23 CC seeks to establish that, in the implementation of the acquisition method, personal funds are deposited with one spouse. The dispute develops between the spouses, or the spouses, who either one of them participated in the deal as acquirers.

 

The SC's standards are special and take into account the specifics of family relationships, which are not only proprietary, but the property is interwoven with complex personal relationships. While spouses in a marriage can not suggest a future divorce to sign a letter back with a view to future disclosure of simulation or may stipulate quotas acquisition because conjugal community is bezdyalova. That is why in resolving a dispute under Art. 23 SK with respect to property acquired by contract of sale is irrelevant what the actual purchase price and the origin of funds, which is paid by the statement that he has paid a price different from that in the deed does not constitute a challenge to the the circumstances certified by the notary. The facts of how much the actual price is agreed and the origin of the funds to which it is paid are subject to proof by all means of proof, including testimony.