CHAP 5: PATRIMONIAL CONSEQUENCES OF MARRIAGE

Question 1

MATRIMONIAL PROPERTY LAW

Answer 1

determines patrimonial consequences of concluding and dissolving marriage

it also regulates financial relationship b/w spouses during & after the marriage

Question 2

MARRIAGE IN COMMUNITY OF PROPERTY

Answer 2

it is influenced as the primary system of marriages bc of the rebuttable presumption

the estate is joint immediately after concluding marriage, inflicting equal rights & control of assets

Question 3

MARRIAGE OUT OF COMMUNITY OF PROPERTY

Answer 3

there is no equality of assets and liabilities

each spouse has independence

Question 4

MARRIAGE OUT OF COMMUNITY OF PROPERTY WITH ACCRUAL SYSTEM

Answer 4

this means that only the assets acquired after the conclusion of marriage

spouses administer assets & estates separately incl debts

Question 5

IMMUTABILITY PRINCIPLE

Answer 5

refers to the inability of spouse to alter their matrimonial property after the marriage prior 1984 but has been adjusted & allow alteration of the system

spouses can be in universal partnerships

they can agree on their system w/o the law

they can alter or cancel donations in the ANC

Question 6

ALTERING THE PROPERTY SYSTEM AFTER CONCLUSION OF MARRIAGE: DIVISION OF ESTATES

Answer 6

parties can apply to court to divide their estates if the act won’t prejudice the other spouse

Question 7

POSTNUPTIAL AGREEMENT: PROCEDURE

Answer 7

both parties need to serve the court with joint application and enter a notarial contract that regulate the new system of the matrimony

they need to show the court sound reasons, notify creditors 2 weeks prior & ensure no one would be prejudiced

Question 8

POSTNUPTIAL AGREEMENT: RETROSPECTIVE APPLICATION

Answer 8

refers to the immediate diminishing of other prior systems

Question 9

WHEN WILL THERE BE NO COMMUNITY OF PROPERTY

Answer 9

when there’s a valid ANC

when there’s a postnuptial notarial contract

depends on the husband’s lex domicili

when minors marry w/o ANC & w/o consent