Relationships between spouses

                                 Relationships between spouses during and after the termination of marriage

 

Concluding a marriage is a legal fact that gives rise to legal relationships between spouses. These legal relationships can be divided into two groups of Personal and Property.

Personal marital relationships - these are the goods that have no monetary equivalence. They are not subject to redemption. Personal relationships arise with marriage. They can not be negotiated with a marriage contract. The Family Code provides a framework regulation by not addressing everyday issues. Basic regulatory principles are morality and custom, and the law has found the place of Equality and Mutuality between Spouses. There is also Freedom between the married ones:

 

- Freedom of domicile;

- Freedom of personality;

- Freedom of expression and professional development;

- the right to choose a name.

Our law does not provide for the enforcement of a legal obligation of personal relations.

Property relations between spouses - the property relationship regime may be: property divide, the legal regime of a community or a contractual regime.

Until the establishment of secular law, property relations were by default in division. It is personal property acquired both before and after the marriage - by name. In the event of a divorce, each of the spouses could also receive a portion of what the other spouse acquired during the marriage - as the court determines the portion. In case of death, the non-owner spouse became co-owner of a part.

In 1968, a combined property regime has been introduced for the first time. Family property community (CEA) and property distinction. Property and property rights acquired during marriage (excluding inheritance, donation, and ordinary and occupational property) are CIEs.

In the CIE, no-spontaneous and indivisible property and co-ownership occur as long as marriage lasts. This legal regime has a strictly material character. All other rights are in the mode of separation - authorship, inheritance, labor, etc.).

We have a SIE when:

- the right in rem is acquired by one of the spouses;

- the right in rem was acquired during the marriage.

 

In the CEA, none of the spouses can enjoy their share while marrying without the explicit consent of both spouses. Where, without the knowledge of one husband, the other sells or otherwise orders an EVICTION. It is the reason for the husband to ask for his belongings from any person who possesses or holds it without any reason to do so. It is important that this third person who acquired the property knew that it was acquired by a non-owner, except when the transfer was required by a notarial deed or by signing the signatures.

While the Property Community and Property Separation are legal regimes, there is also a third type in which a marriage contract is concluded.

Contractual property-marriage regime - a bilateral contract is concluded between married or married persons for the purpose of settling property relations between them before the marriage, during the marriage and upon its termination.