Capitulaciones matrimoniales codigo civil
Marriage contracts examples
One of the most beautiful things that can happen to us is to share our life forever with that person we love so much. But have you ever heard that sometimes before formalizing the marital bond, some agreements regarding the assets of each person are previously agreed upon and you don’t know why they do it or what they consist of? Well, these agreements are called marital contracts and we will explain them below.
There are couples who prefer to leave established some capitulations previously to the formalization of the union in order not to mix the own goods of each one with the goods that in future will be part of the same one, that is to say, they make a separation of goods. In case this declaration of will is not made, the own goods of both, once the union is solemnized, begin to be part of the partnership, that is to say, they belong to both, and in case of a future divorce, these goods will be subject to liquidation of the partnership.
Civil code boe
From Sen. Minerva Hernández Ramos, of the Parliamentary Group of the Party of the Democratic Revolution, which contains a draft decree amending Articles 180 and 210 of the Federal Civil Code.TURNED TO THE UNITED COMMITTEES OF GOVERNMENT; AND LEGISLATIVE STUDIES.INITIATIVES THAT HAVE CONCLUDED THE LEGISLATIVE PROCEDURE, ON THE BASIS OF THE PARLIAMENTARY AGREEMENT APPROVED ON NOVEMBER 23, 2010. ( SEE AGREEMENT. )INITIATIVE WITH DRAFT DECREE AMENDING ARTICLES 180 AND 210 OF THE FEDERAL CIVIL CODE.
The mixed regime results from the combination of marital partnership and separation of property. It is contemplated within the law, although it is not expressly named as such. This regime must include, among other matters, the explicit declaration of the assets of each spouse that enter the marital partnership and those that will continue to belong to each one, that is, the assets that will remain under the separation regime, specifying how they will be distributed in the future.
Spanish civil code
If the marriage contracts are null and void because they lack the consent and signature of the aforementioned persons, but the marriage is valid according to the law, it is understood that the minor or incapacitated person contracts it subject to the regime of community of property.
The granted capitulations will be recorded in the Registry of Marriage Capitulations. The agreements, judicial resolutions and other facts or acts that modify the matrimonial economic regime will also be noted down. If they affect real estate, they will be registered and recorded in the Property Registry in the manner and for the effects provided for in the special legislation.
Marriage contracts granted before this Code do not have to be recorded in the Register of Marriage Contracts. However, any amendment made to these shall be noted in the Register of Marriage Contracts, together with the reference to the amended ones, in accordance with the provisions of this Code.
ARTICLE 116.- (Marriage contracts): The economic regime of the marriage is regulated by the marriage contracts granted by the contracting parties before or in the act of the celebration of the marriage.
ARTICLE 118.- Marriage contracts are obligatory in the following cases: 1st – When any of the contracting parties has assets whose value reaches two thousand Quetzals; 2nd – If any of the contracting parties exercises profession, art or trade, which produces income or emolument that exceeds two hundred Quetzals a month; 3rd – If any of them has in possession of a property that exceeds two hundred Quetzals a month; 3rd – If any of them has in his possession a property that exceeds two thousand Quetzals a month; 3rd – If any of them has in his possession a property that exceeds two hundred Quetzals a month. If any of them has in administration the property of minors or disabled persons who are under their parental authority, guardianship or custody; and 4th – If the woman is Guatemalan and the man is a foreigner or a naturalized Guatemalan.
ARTICLE 120.- The clauses of the agreement that contravene the provisions of the law, or restrict the rights and obligations of the spouses among themselves or with respect to the children, are null and void and shall be deemed not to have been put into effect.