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Sunday, February 16, 2014

In what cases shall the system of complete separation of property govern the property relations between the spouses?

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The system of complete separation of property shall govern the property relations between the spouses only in the following cases:

1. When it is expressly provided for in the marriage settlements (Arts 134 and 74, FC);

2. When it is so declared by a competent court (Art. 134, FC); and,

3. When the surviving spouse failed to liquidate the absolute community or conjugal partnership of gains of a previous marriage which has been terminated by death within the one-year period required by law prior to contracting another marriage. The subsequent marriage is mandatorily governed by a regime of complete separation. (Arts. 103 and 130, FC) 

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