14. Family Law

Question 3

The marriage has to be recorded where?

Answer 3

In Public Deed and in the Public Registry

Question 4

What are the 3 different types of economic regimes?

Answer 4

1. Community of Gains regime.
2. Absolute Separation Regime.
3. Participation Regime.

Question 5

Explain briefly the absolute separation regime

Answer 5

Each spouse acting alone uses, enjoys and disposes of his property without concurrence and consent of the other spouse. Each spouse owns the gods he had at the start of the system and all this acquired afterwards under title.

Question 6

When is the absolute separation regime applied?

Answer 6

1. When it is so agreed.
2. When it is agreed that the community of gains regime will not be applicable:
   a) Termination of the community of gains regime with no agreement on the new economic regime.
   b) Termination of the community of gains regime as a consequence of the seizure of common assets for the payment of debts corresponding to one of the spouses: debts of each spouse haven’t been faced with separated goods.

Question 7

How does the absolute separation regime work?

Answer 7

No common patrimony.
If the property of assets is not clear, the property of those is 50 50.

Question 8

When does the absolute separation regime terminate?

Answer 8

By agreement.
At the end of marriage.

Question 9

Explain the household expenses under absolute separation regime :

Answer 9

Each of the spouses has to contribute to meet the burdens.
Lacking an agreement in this regard, the spouses shall contribute in proportion to their means. The housework shall be considered a contribution to the burdens and might give right to compensation at the extinction of the separation regime.

Question 10

Explain briefly the participation regime:

Answer 10

The economic system of the marriage is a separation regime during the matrimony, but upon dissolution of the system, the spouse who has earned less has he right to participate in the earnings of the other.

Question 11

Dissolution causes of participation regime:

Answer 11

Same as in the community of gains regime AND either spouse Maya request termination of the participation system if the irregular administration cared out by the other could seriously compromise his interests.

Question 12

What is domestic potestas?

Answer 12

Acts done to meet the ordinary necessities of the family in accordance with the usages and the circumstances of the family.

Question 13

What are gains aka acquets?

Answer 13

They arise mainly from the spouses’ working activity after the marriage and from the fruits/products of the separate or community goals.

The increase in the value of the goods without a working contribution of the spouses are NOT gains.

Question 14

What goods are separate property?

Answer 14

1. Goods and rights that belonged to each spouse before the marriage.
2. Property acquired by one spouse under gratuitous title as donations or inheritances.
3. Goods acquired at the expense or in substitution of separated goods.
4. Personal rights, inherent to the person and those which cannot be transmitted as intellectual property.
5. Compensation awarded to one spouse for damages to his person or to his separate patrimony.
6. Clothing and objects of personal use not having extraordinary value.
7. Instruments necessary for the exercise of a profession, unless they from part of a common enterprise.

Question 15

What are gains or acquets?

Answer 15

1. Assets obtained from the work or industry any of the spouses (earnings from salary, gambling…).
2. Fruits or products of the acquets as well as the fruits or products of the separate property.
3. Property acquired under onerous title with community of gains assets.
4. Property acquired through a jointly held right of redemption.
5. Property donated to the spouses jointly.
6. Enterprises and establishments created during the existence of the community by any of the spouses with common assets.

Question 16

What are the burdens and obligations of the common property?

Answer 16

1. Support of the family and children.
2. Acquisition and management of separate property.
3. Exploitation of business of spouse.
4. Donations commonly agreed by both spouses.
5. Non-contractual liability off one spouse arising from actions for the benefit of the community or within the scope of the administration of the goods, unless they were due to deceit or gross negligence of the spouse.

Burdens are to be paid with acquets.

Question 17

In the case of debt contracted by one spouse, gains shall respond in the case that such debt was contract in the cases of:

Answer 17

1. Exercise of domestic potestas.
2. Management and disposal of community property goods.
3. Ordinary practice of his profession.
4. Ordinary administration of his separate property.
5. Obligations contracted by one spouse with the express consent of the other and jointly-contract obligations.
6. De facto separation in order to meet the expenses for the supply and education of the children in the charge of the community of gains.

Question 18

Explain the reimbursement obligation:

Answer 18

Each spouse shall be obliged to reimburse to the other any amount he might have spent in the burdens of the matrimony which were part of the proportional contribution that should have made. Reimbursement also has to be made of any expenses corresponding to tone of the spouses and paid by the other.

Question 19

Dissolution of the community:

Answer 19

a) By the spouses’ agreement of a new regime.
b) By operation of law: dissolution of marriage or annulment of marriage.
c) By judicial decision: at the request of the spouses when, for example, the other one is judicially incapacitated, insolvent, bankrupt, guilty for abandonment of the family, etc.

Question 20

Steps to follow the liquidation of the community:

Answer 20

1. Inventory of assets and liabilities.
2. Valuation of the items in the inventory.
3. Determination of the net assets or liabilities.
4. Division and adjudication into half and each shall be given to each spouse.

Question 21

What happens at the dissolution of a marriage with participation regime?

Answer 21

The spouse who has earned more becomes debtor of the other spouse for half the amount of his superior earnings.