A wife is regarded as having given up the other when he or she’s got remaining new conjugal dwelling instead of intention of returning. (167a, 191a)
(1) An inventory will likely be prepared, list individually all of the functions of your conjugal union additionally the personal features of each spouse.
(2) Wide variety state-of-the-art by the conjugal relationship within the commission out of personal expense and you Гstrig kvinder sГёger mГ¦nd may loans out of either mate can be credited toward conjugal union once the a valuable asset thereof.
(3) For every single spouse is going to be reimbursed to your usage of his otherwise their particular exclusive money on the acquisition of possessions or even for the newest worth of their unique private assets, the new possession where might have been vested legally in the conjugal relationship.
(4) The latest costs and you can debt of your own conjugal relationship should be paid back out from the conjugal assets. In case of insufficiency off told you property, brand new partners would be solidarily responsible for the fresh new unpaid balance which have the independent attributes, according to the conditions away from paragraph (2) out-of Post 121.
(6) Unless of course the dog owner had been indemnified from any kind of provider, losing otherwise damage away from movables useful for the benefit of the household, owned by possibly partner, actually due to fortuitous knowledge, are going to be reduced in order to said mate in the conjugal financing, or no.
(7) The online remaining conjugal partnership features will constitute the fresh earnings, which shall be separated just as anywhere between husband and wife, except if yet another proportion or department is actually decided from the relationships agreements otherwise except if there has been a volunteer waiver or forfeiture of such express as the offered in this Code.
(9) On partition of functions, the conjugal house as well as the parcel on what it is established will, unless or even agreed upon of the parties, end up being adjudicated to the spouse which have exactly who almost all of the preferred college students desire are. (181a, 182a, 183a, 184a, 185a)
130. On the termination of the marriage by death, the fresh conjugal relationship assets will be liquidated in identical continuing with the settlement of property of one’s lifeless.
In the event the no judicial payment continuing try instituted, the fresh enduring partner will liquidate this new conjugal commitment assets possibly judicially otherwise more-judicially within this 6 months regarding death of brand new lifeless spouse. In the event the up on the new lapse of six-day period no liquidation is generated, any temper or encumbrance involving the conjugal commitment possessions of your ended marriage will be gap.
Should the enduring lover price a consequent relationship without compliance having the foregoing requirements, a compulsory techniques out of over break up of possessions should govern the brand new possessions relations of your further relationship. (n)
Art
131. Whenever the liquidation of the conjugal relationship attributes of several or a lot more age people through to the effectivity in the Password is transmitted away as well, the respective financing, fresh fruit and money of each commitment will likely be computed upon particularly evidence given that are noticed depending on the regulations out of evidence. In case there are doubt about and therefore relationship the current characteristics fall in, an equivalent should be separated between the various other partnerships in proportion on the money and you may lifetime of for each and every. (189a)
132. The guidelines out of Judge toward management of locations of inactive people will likely be found in the latest assessment and revenue of property of your own conjugal connection, and other issues that are not expressly calculated inside Part. (187a)
If there is no particularly bulk, the fresh court should determine, considering the best interests off told you college students
133. On well-known mass out-of possessions support can be provided to this new enduring mate and to the children into the liquidation off new inventoried possessions and you will up to exactly what falls under them try put; however, from this would be subtracted you to amount gotten having service and this exceeds the newest fresh fruit or rents over them. (188a)