COMMUNITY GAINS REGIME IN MARRIAGE

I-CONCEPT.

The matrimonial community gains economic regime consists of :

-a-The profits obtained during the duration of the marriage become common between the spouses.

-b-In this way, they coexist, together with the private assets of each spouse (paraphernal assets).

-c-A property separated mass will be formed, when said assets and rights proceed:

II-LEGAL NATURE.

There have been multiple theories developed in relation to the marital economic regime of community property; and whose objective or purpose is to determine the essence and essential characteristics of this type of economic regime, which regulates the assets of marriage. To mention among the theories that should be highlighted :

-a-Theory of Legal Personality-According to this theory it is understood that the community of property has its own legal personality. But with respect to said theory, the criticisms expressed are aimed at the fact that said legal personality will depend in any case on the legal system.

-b-Pro Indiviso Community Theory-This theory maintains that all marital property is the property of both spouses, in a pro-indivision regime. This is with perfectly defined and differentiated quotas; as well as transmissible. There is also the possibility of urging the division of the community.

-c-Theory of Heritage Destined for a Purpose-This theory, fundamentally maintained by Italian doctrine. Conceives the community property as an asset destined for a purpose.

III-BIRTH OF THE COMMUNITY GAINS.

The birth of the matrimonial property regime of community property occurs :

-a-Just at the time of the celebration of the marriage as a presumed legal regime.

-b-By :

-b1-Not having granted marriage contracts.

-b2-Or the agreed upon have been ineffective.

-b3-O after the celebration, in the event that the spouses already agree on it in marriage agreements.

-b0-The community property can never be established before the celebration of the marriage,

IV-EXTINCTION OF THE COMMUNITY GAINS.

Regarding the extinction of the community property, the causes are the following :

-a-Due to dissolution of marriage (divorce).

-b-By declaration of nullity of the marriage.

-c-By judicial declaration of legal separation of the spouses.

-d-By the will of the spouses when agreeing to another matrimonial property regime; through marriage agreements.

In cases of extinction of the community property, due to the death of one of the spouses; The heritage assets that are integrated become an inert mass, without activity; in which they can only act, and for the mere purposes of liquidating it; the participants, the surviving spouse and the heirs of the deceased spouse.

V-PRIVATIVE ASSETS AND COMMON ASSETS.

The matrimonial property regime is made up of two types of assets, which are :

-a-Community property.

-b-Private assets.

VI-ADMINISTRATION AND DISPOSAL OF PRIVATE PROPERTY.

It refers to that :

-a-Each of the spouses will exercise the administration and disposition of the assets and rights ; of which he is the exclusive owner.

-b-Notwithstanding the above ; it is possible that one of the spouses entrusts the management and management of their private property to the other, acting as the former's agent; with the same obligations and responsibilities; although without the obligation to account for the fruits obtained. With the exception of cases in which it is stated that said income has not been used to relieve family responsibilities.