10.08.2013 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

92 THE FAMILY<br />

185 The administrator may make his reprises only against<br />

the property of the community.<br />

If the community is insufficient, the spouse makes his<br />

reprises against the private property of the administrator.<br />

186 Compensation owed by or to the community bears<br />

interest of right from the date the regime is dissolved.<br />

187 After the pretakings have been made and the debts paid<br />

from the mass, the remainder is divided equally between the<br />

consorts or their representatives.<br />

188 If the heirs of the spouse of the administrator are<br />

divided, so that one has accepted the community and the<br />

others have renounced, the heir who has accepted may take,<br />

from the property which falls to the lot of the spouse, only that<br />

portion which he would have had if all had accepted.<br />

The remainder belongs to the administrator, who is still<br />

responsible, to the heirs who have renounced, for the rights<br />

which the spouse could have exercised in the event of<br />

renunciation, but only to the amount of the hereditary share of<br />

each heir who has renounced.<br />

189 Partition of the community, with respect to form,<br />

licitation, effects, guarantees resulting from it, and the<br />

payment of balances, is subject to the rules governing partition<br />

in the Book on Succession.<br />

190 A consort who has abstracted or concealed property<br />

belonging to the community forfeits his share of this property<br />

unless his spouse renounces it.<br />

191 After the partition, if one of the consorts is the personal<br />

creditor of the other, as when the price of his property has<br />

been used to pay a personal debt of the other, or for any other<br />

purpose, he makes his claim on the share of the community<br />

allotted to his debtor or on the debtor's private property.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!