Matrimonial Mode

The " right of the modes matrimoniaux" as an aim the study of the mode of the well S between the husbands has, i.e. consequences of a pecuniary nature which result, for them, of the Mariage, not only in their reciprocal reports/ratios, but also in their relationship with the thirds, especially with their creditors.

The right of the Common Law is unaware of the concept of matrimonial mode and replaces it, more or less, by other rules which do not constitute a coherent and stable system. Practically however, of the particular rules impose themselves.

The the Community of life necessarily creating a community of pecuniary interests, it is necessary well to know for example how are distributed the loads of the marriage; just as it is important to know if the thirds will have an action against all the goods of the husbands or only on some of them.

In France

In France, the marriage binds the husbands by a whole of rules which apply during their common life and fix the composition of their respective inheritances at the time of the dissolution of their union. The management of the goods, the pecuniary obligations of the husbands towards the thirds, their family obligations, the composition of their inheritances (community properties, own or undivided) during and after the marriage are described in their " mode matrimonial". There exist five matrimonial modes:

· Community modes :

- legal mode before February 1st, 1966: the Community of pieces of furniture and acquisitions

- legal mode starting from February 1st, 1966: Community property

- the universal Community.

· separatist modes :

- Separation of goods, to which can be assistant a Clause of company of acquisitions,

- Participation in the acquisitions.

In the Community modes, the majority of the goods belong to the husbands jointly. In the separatist modes, one of the husbands, or both, is or has vocation to be, with the head of an important personal inheritance. Each one only answers of its debts. The husbands choose their matrimonial mode:

· expressly by writing a marriage contract by which they indicate and possibly arrange the selected matrimonial mode,

· or, tacitly, in the absence of marriage contract. In this case, it is the legal mode non made-up which is essential on them.

It is important to know the various modes well to choose in dialog with a notary that which is more in adequacy with its personal and patrimonial objectives.

Random links: