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Common property
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ISBN: 978-973-749-844-1
Publisher year: 2010
Edition: I
Pages: 94
Publisher: Editura Universitara
Author: Bogdan Liviu Ciucă
Product Code:
9789737498441
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This paper analyzes from a legal point of view, the common goods of the spouses. It approaches from the same perspective, the ways in which the common goods were acquired or divided. Analyze based on several approaches, the common debts of spouses.
Taking into account the fact that the regime of the matrimonial community of goods exists as long as there is marriage, this paper also addresses the situations created as a result of the termination of marriage and implicitly of the community of goods, which will determine the division of common goods and change of their regime. .
Taking into account all these situations, the paper addresses general aspects regarding the matrimonial regime, the categories of common goods, the criteria for qualifying some goods as common goods, the division of common goods at the dissolution of marriage, common debts of spouses, establishing the share of property due to each spouse. .
Taking into account the fact that the regime of the matrimonial community of goods exists as long as there is marriage, this paper also addresses the situations created as a result of the termination of marriage and implicitly of the community of goods, which will determine the division of common goods and change of their regime. .
Taking into account all these situations, the paper addresses general aspects regarding the matrimonial regime, the categories of common goods, the criteria for qualifying some goods as common goods, the division of common goods at the dissolution of marriage, common debts of spouses, establishing the share of property due to each spouse. .
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Common property
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Bogdan Liviu Ciuca
Content
INTRODUCTION / 7
CHAPTER I: The matrimonial regime. General aspects / 9
SECTION I: Matrimonial regime of common goods / 9
SECTION II: The common property of the spouses / 11
1 The notion and categories of property of spouses / 11
2 Common property of the spouses / 12
A The notion of acquisition / 14
B The quality of acquirer / 15
C The moment of acquiring the goods / 16
CHAPTER II: Qualification of some goods as common goods / 18
SECTION I: Income from work / 18
1 Salary / 18
2 Other income assimilated to salary / 20
3 Remuneration of authors / 20
SECTION II: Saved amounts, deposited with C.E.C or banks / 21
SECTION III: Buildings / 22
1 Constructions built by spouses on the land of one of them / 23
2 Reconditioning, repairs, additions to old constructions / 24
3 Constructions built by spouses on the land owned by a third person / 24
4 Constructions built by spouses on a land assigned for use / 24
5 Homes built with credit / 25
6 Constructions built by concubines / 26
7 The right of use over the dwelling / 26
SECTION IV: Fruits and products / 27
CHAPTER III: Spouses' rights over common property / 28
SECTION I: Administration of assets and tacit mandate / 28
SECTION II: Special cases of exercise of mutual tacit mandate / 31
SECTION III: Sanctions applicable to acts concluded in violation of the rights of one of the spouses / 32
CHAPTER IV: Common debts of spouses / 34
SECTION I: Common debts of spouses. Notion and classification / 34
SECTION II: The legal regime of the common debts of the spouses / 36
CHAPTER V: Sharing the common property of the spouses / 37
SECTION I: Division of common property during marriage / 37
1 Division of common property at the request of one of the spouses / 37
2 Division of common property at the request of the personal creditors of one of the spouses / 38
3 Confiscation of the property of one of the spouses / 39
SECTION II: Division of common property at the dissolution of the marriage / 39
SECTION III: Establishing the quota due to each spouse / 40
SECTION IV: Procedure for dividing common goods. The effects of the division decision / 42
SECTION V: Division of common property in case of termination of marriage / 43
SECTION VI: Division of common property in case of dissolution of marriage / 44
CHAPTER VI - Divorce and its effects on the patrimony of spouses in comparative law / 45
Section I England and Wales / 45
Section II Denmark / 54
Section III Switzerland / 62
Section IV France / 67
Section V Germany / 73
Section VI Spain / 81
Conclusions / 87
1 Conclusions regarding the matrimonial regime of common goods / 87
2 Conclusions regarding the divorce and its effects on the patrimony of the spouses in the comparative law / 88
Bibliography / 93
INTRODUCTION / 7
CHAPTER I: The matrimonial regime. General aspects / 9
SECTION I: Matrimonial regime of common goods / 9
SECTION II: The common property of the spouses / 11
1 The notion and categories of property of spouses / 11
2 Common property of the spouses / 12
A The notion of acquisition / 14
B The quality of acquirer / 15
C The moment of acquiring the goods / 16
CHAPTER II: Qualification of some goods as common goods / 18
SECTION I: Income from work / 18
1 Salary / 18
2 Other income assimilated to salary / 20
3 Remuneration of authors / 20
SECTION II: Saved amounts, deposited with C.E.C or banks / 21
SECTION III: Buildings / 22
1 Constructions built by spouses on the land of one of them / 23
2 Reconditioning, repairs, additions to old constructions / 24
3 Constructions built by spouses on the land owned by a third person / 24
4 Constructions built by spouses on a land assigned for use / 24
5 Homes built with credit / 25
6 Constructions built by concubines / 26
7 The right of use over the dwelling / 26
SECTION IV: Fruits and products / 27
CHAPTER III: Spouses' rights over common property / 28
SECTION I: Administration of assets and tacit mandate / 28
SECTION II: Special cases of exercise of mutual tacit mandate / 31
SECTION III: Sanctions applicable to acts concluded in violation of the rights of one of the spouses / 32
CHAPTER IV: Common debts of spouses / 34
SECTION I: Common debts of spouses. Notion and classification / 34
SECTION II: The legal regime of the common debts of the spouses / 36
CHAPTER V: Sharing the common property of the spouses / 37
SECTION I: Division of common property during marriage / 37
1 Division of common property at the request of one of the spouses / 37
2 Division of common property at the request of the personal creditors of one of the spouses / 38
3 Confiscation of the property of one of the spouses / 39
SECTION II: Division of common property at the dissolution of the marriage / 39
SECTION III: Establishing the quota due to each spouse / 40
SECTION IV: Procedure for dividing common goods. The effects of the division decision / 42
SECTION V: Division of common property in case of termination of marriage / 43
SECTION VI: Division of common property in case of dissolution of marriage / 44
CHAPTER VI - Divorce and its effects on the patrimony of spouses in comparative law / 45
Section I England and Wales / 45
Section II Denmark / 54
Section III Switzerland / 62
Section IV France / 67
Section V Germany / 73
Section VI Spain / 81
Conclusions / 87
1 Conclusions regarding the matrimonial regime of common goods / 87
2 Conclusions regarding the divorce and its effects on the patrimony of the spouses in the comparative law / 88
Bibliography / 93
This paper analyzes from a legal point of view, the common goods of the spouses. It approaches from the same perspective, the ways in which the common goods were acquired or divided. Analyze based on several approaches, the common debts of spouses.
Taking into account the fact that the regime of the matrimonial community of goods exists as long as there is marriage, this paper also addresses the situations created as a result of the termination of marriage and implicitly of the community of goods, which will determine the division of common goods and change of their regime. .
Taking into account all these situations, the paper addresses general aspects regarding the matrimonial regime, the categories of common goods, the criteria for qualifying some goods as common goods, the division of common goods at the dissolution of marriage, common debts of spouses, establishing the share of property due to each spouse. .
Taking into account the fact that the regime of the matrimonial community of goods exists as long as there is marriage, this paper also addresses the situations created as a result of the termination of marriage and implicitly of the community of goods, which will determine the division of common goods and change of their regime. .
Taking into account all these situations, the paper addresses general aspects regarding the matrimonial regime, the categories of common goods, the criteria for qualifying some goods as common goods, the division of common goods at the dissolution of marriage, common debts of spouses, establishing the share of property due to each spouse. .
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