Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

THE FAMILY 85
liable for a debt attributable to one of the consorts alone,
payment may not be claimed against the private property of
the other.
When the community is solidarity liable for a debt, it is
deemed attributable to the consorts. However, when one
consort simply agrees to the other incurring the obligation, the
debt of the community is attributable to the other alone.
148 Civil or penal fines incurred by a consort for a criminal
or penal offence, an offence or a quasi-offence, or failure to
fulfil any legal obligation, may be recovered out of the
property of the community.
However, those incurred by the administrator of the
community may not be recovered from the reserved property
of his spouse.
149 The community is entitled to compensation when it is
compelled to pay a debt incurred during the regime by one of
the consorts in his own interest alone.
// - Administration of the community of moveables and acquests,
and effect of the acts of the consorts
150 The consorts may agree that either of them will be the
administrator of the community.
They are presumed to have selected the husband as the
administrator in the absence of any express stipulation in the
marriage contract.
151 The administrator alone manages the property of the
community subject to Articles 157, and 216 and following.
152 The administrator may not hypothecate any immoveable
property of the community, or otherwise alienate it
by onerous title without the consent of his spouse.