Community property
When community property is a marital property regime that comes in some marriages and registered partnerships for the application. She is originally native to the continental European legal systems, but found recently also in some influenced by Anglo-American common law jurisdictions.
A distinction is made between the general community of property, the community property on death and various forms of limited community of property ( community achievement, Fahrni community). If only spoken of community of property, the general meant in most cases.
Is crucial for the community property that the assets of the two partners is fundamentally undivided estate of the partners involved. This finds its justification in the idea that the joint property of both is an expression of the at least theoretically exact same proportions of the creation and the further functioning of the family.
- 4.1 Belgium
- 4.2 Brazil
- 4.3 France
- 4.4 Italy
- 4.5 Mexico
- 4.6 The Netherlands
- 4.7 Poland
- 4.8 Czech Republic
- 4.9 Turkey
- 4:10 United States of America
Germany
The community property is under German family law a contractual matrimonial property between spouses (see § 1415 BGB). In life partner, the rules on community property apply accordingly (§ 7 LPartG ).
Development
Before the entry into force of the Civil Code (BGB) the legal rules in the community property in East and West Prussia, Westphalia, and many parts of northern Germany and Bavaria. From the entry into force of the Civil Code on 1 January 1900 to 30 June 1958, the agreement of a community of goods introduced automatically ( from today's perspective ) a special form of the continued community of property. For her, the proportion of erstversterbenden spouse falls to the Community before children, so that the community property will resume from the surviving spouse with the children. The surviving spouse - usually the wife - has the administrative law (hence: " Widow rule "). If one were not the continuation of community of property with the children, had the sequel to 1958 are expressly excluded in the marriage contract. Since July 1, 1958 this rule-exception relationship was reversed. Since the agreement of community property automatically leads to simple community of goods, in which the fraction of erstversterbenden spouse falls outside the estate and is inherited. The community of property as a purely contractual property regime has become rather rare. They are found mainly in southern Germany to ( Lake Constance area, Black Forest ). The rule - marital property is now the statutory matrimonial property regime of community of surplus, which applies if the spouses have not agreed deviant. In addition, as a contractual property regime exists, the separation of property.
Grounds
The goods of community of property is agreed by a notarized marriage contract.
The various estates
Is peculiar to the community property that the assets of the spouses in up to five separate decays separate estates. The common property is the property attributable to the spouses jointly to the entire hand. In addition, each spouse has separate property and special material.
Through the community property assets of the spouses is basically completely undivided estate of both spouses ( common property ). To be included for the intended solely for the personal use of a spouse things like household items, jewelry and tools, community property. Is joint property of both the assets, which had the fiancé before marriage, as well as the assets which generate the spouses during the marriage. Even that which attain the spouses through their work or through the independent operation of a business acquisition, thus falls on the common property.
Separate property are those items out of the assets of a spouse, which are explained by the marriage contract for separate property. Separate property is also what is facing a spouse due to death or inter vivos free of charge by a third party, if the testator has determined by testamentary disposition, the third in the grant that the acquisition should be retained property. What one spouse of a substitute for the destruction, damage or removal of the retained property belonging to the object ( → surrogate ), on the basis of a country belonging to his separate property law (especially physical and legal fruits) or by legal transaction, which refers to the reserved, falls also his separate property to.
For special property include items of a spouse who can not be transferred by transaction ( highly personal rights, such as due to him limited personal easements ).
Management of the assets
The marriage contract is to be regulated, as the common property is managed ( by one of the spouses or by both). If not regulated, so the spouses manage the common property jointly. By 1953, the administration of the common property was responsible only to the man.
The management has to be done properly. The managing spouse has to give the other part, and upon request, about the state of management information. If the administration of the common property by a spouse, the manager is entitled to a right of possession in respect of the common property items belonging. The administrator has extensive rich right to dispose of the objects of the common property. Exceptions are about at the disposal of the common property as a whole or on land belonging to the common property. The substantive right of disposal corresponds to the power to representative action litigation relating to the common property. One of the keys of power beyond power of attorney for and against the other spouse is not, however, the Administrator granted in matters of the common property.
In contrast, each spouse manages his special property and separate property independently. The administration of the Sonderguts made on account of Gesamtguts, the management of the Vorbehaltsguts on their own account.
Repeal
The community of property does not end upon death of a spouse or by divorce. Rather, it only ends with the discussion ( eg, by an action for annulment instead of giving judgment ). If it was agreed that the community property will resume using the Community descendants of the spouse (→ continued community of property ).
Third parties on the measures taken in the context of the marriage contract agreements generally may be exercised only after entry in the register of property rights.
Austria
Austria aware of the community property as contractual choice of matrimonial property ( § 1233 p 2, § § 1177 et seq Civil Code).
Switzerland
After the Swiss Civil Code, the community property has a contractual property regime, ie the spouses have to settle it in a marriage contract. As in Germany, different categories of goods ( goods masses) are present: that of the wife, that of the spouses and that which two belong together. Everything that is not excluded by the marriage contract, will both spouses belonging to joint property and in the event of the dissolution of the community property divided between them.
Other States
Belgium
The Belgian law does the community property as contractual choice of matrimonial property in various forms. To their agreement requires a notarial marriage contract.
Brazil
Brazil knows the community property as comunhão universal de bens.
France
In France, since February 1, 1966, the acquisition community ( communauté réduite aux acquêts ) as a limited community of property, the statutory matrimonial property (Art. 1400 to 1491 CC). The Civil Code knows other forms of community property as a contractual choice matrimonial property (Art. 1497 to 1526 CC), such as the general community of property ( communauté universal ), the exclusion Community ( communauté limitée ) and the earlier law Fahrni Community ( communauté de meubles et acquêts ).
Italy
Italy knows the community property as Communion dei beni.
Mexico
Mexico, too, knows the community property as a sociedad conyugal.
Netherlands
In the Netherlands the general community of property ( algehele Gemeenschap van goederen ) is the legal property regime. In a legislative process, a change is towards a limited community of property along the way.
Poland
In Poland, the community property is the legal property regime. It covers all assets that are acquired during the duration of the legal community property by one spouse alone or by both of them ( eg household appliances, pension rights ). In contrast to community property under German law, existing at marriage assets of the community property are not recorded. It is actually a kind of achievement community.
Czechia
In the Czech Republic the community property is the legal property regime.
Turkey
The Turkish law recognizes the community of goods in different ways than contractual choice of matrimonial property (Art. 256-281 of the Civil Code ).
United States of America
In the United States shall take nine states community property rules on matrimonial property regime. They are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In some cases, these goods level has been adopted from the Mexican law.