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Matrimonial Regimes
| Term | Definition |
|---|---|
| matrimonial regime | A matrimonial regime is a systeom of principles and rules governing the ownership and management of the property of married persons as between themselves and toward third persons |
| types of matrimonial regimes | a matrimpnial regime may be legal, contractual, or partly legal and partly contractual |
| Legal regime | the legal regime is the community of acquets and gains. The legal regime is the default regime which is in effect absent an agreement between the spouses |
| Contractual regime | A contractual regime can e established through a matrimonial agreement between the parties. The parties' contract (either prenuptual or otherwise) typically establishes a contractual regime of separation of property |
| modified legal regime | a modified legal regime can be established through a matrimonial agreement modifying the legal regime of community property. |
| modified legal regime(con'd) | The provision of the legal regime that have not been excluded or modified by the matrimonial agreement retaint their force and effect. |
| Matrimonial agreements (Forms) generally | Generallya matrimonial agreement shall be made by authentic act or by an act under private signature duly acknowledge by the spouses(when the signor recognizes his signature in front of notar and 2 witnesses. |
| matrimonial agreement (Forms) Minors | Unless fully emancipated, a mmonor may not enter into a matrimonial agreement withoug the written concurrence of his father and mother , or of the parent having his legal custody or of the tutor of the person. |
| When can a matrimonial agreement be entered into? | Generally, a matrimonial agreement may be executed by the spouses before or durintg marriage. |
| Matrimonial agreements before marriage | Prior to marriage, spouses may enter into a prenumptial matrimonial agreement modifying or opting out of, the legal regime either through authentic act or private act duly acknowledged |
| Matrimonial agreement during marriage spouses long domiciled in La | spouses may enter int a mat agreement that modifies or terminates the legal regime only upon joint petition and a finding by the court that it serves their best interest and that they understand the principles and rules |
| spouses moving into LA. | During the first year after moving into and acquiring a domicile in thsi state, spouses may enter into a matrimonial agreement at anytime without court approval |
| Contractual freedom | spouses may enter into a matrimoinal agreement before or during marriage as to all matters that are not prohibited by public policy |
| examples of matrilmoial agreements | contributions, apportion shares, reserve fruits(stock gains are not fruit b/c it fluctuates) future property |
| limits on matrimonial agreements | spouses may not by agreement before or during marriage; renounce or alter the marital portion, anything against public policy, maynot renounce or alter the established order of succession. |
| Legal regimes of community of acquets and gains | the legal regime of acquets and gains applies to spouses domiciled in this state, regardless of their domicile at the time of marriage or the place of celebration of the marriage. |
| Nature of Legal regime | the legal regime is not a legal entitiy but a patrimonial mass, that is a universality of assets and libilities |
| Nature of legal regime(generally) | an undivided 1/2 of the mass forms a part of the patrimony of each spouse during the exitence of the comm property regime, but the entirety of the assets is liable to creditors for the satisfaction of separate as well as comm oblig. of the spouses |
| Ownership of Community Property(1/2 interest) | Undivided one lhaf interest: each spouse owns a present undivided onehalf interest in the community property |
| Ownership of community property(undivided interest is inalienable) | A spouse may not alienate, encumber, or lease to a third person his undivided interest in the community or in particular things of the community prior to the termination of the regime. |
| disposition of undivided interest by spouse | the attempted disposition by a spouse of his undivided interest is the community or in things of the community by inter vivos act in favor of a third person is an absolute nullity |
| Classification of assets | Propety of married persons is either community or separate, except as provided by Art 2341.1 |
Created by:
jclarissat
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