17 Nov CASE OF CHANGING TO EXTRAORDINARY MATRIMONIAL PROPERTY
CASE OF CHANGING TO EXTRAORDINARY MATRIMONIAL PROPERTY
Spouses can be legally “together” at any time by the contract of the goods regime
the right to change the current regime of goods between them within dec limits
they are entitled. However, in some cases, it is possible to decipher the existing regime of goods between them
it may also be necessary to change, change, before the spouses move “together”. Spouses are subject to the regime of participation in acquired goods, separation of shared goods, participation in acquired goods in accordance with the law if they have chosen one of the goods partnership regimes or have not concluded a contract of goods regime
if they have been; about changing the current regime of goods between them; dec
even if they do not have a common demand, in some cases there is a decoupling between them
the situation of transformation of the goods regime into a “separation of goods” regime is regulated in our law as an extraordinary goods regime. For example, among dec
in case of bankruptcy of one of the spouses with a ”property partnership” regime, the property partnership regime will automatically turn into a property separation regime with a bankruptcy decision (Civil Code article 209). From spouses who have accepted property partnership
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the creditor who is pursuing an enforcement action against someone, in the implementation of the foreclosure
if it is damaged, it will be able to ask the judge to decide whether to proceed to the “separation of goods” (Civil Code article 210). If one of the spouses is constantly deprived of the power to distinguish; his legal representative is also Civil Code article 206. according to the article, he will be able to file a claim for the transition to the separation of goods. Civil Code article if there is another justified reason shown in the article or similar to it, at the request of one of the spouses, by the family court
it will be possible to decide on the transformation of the existing goods regime between spouses into a “goods decoupling”. The importance of this case is as follows: although the marriage union between the spouses continues, if this case is accepted and the decision is finalized, other cases for decimation of the goods regime will be opened and,
it will be possible to examine its merits.
The official in the case of the transition to the extraordinary goods regime(separation of goods)
the court is a family court and the victim is subject to trial fees and the victim’s proxy fee. The competent court shall decide whether any of the spouses
it is the settlement court(Civil Code article 207).
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