Introduction to Law Deneme Sınavı Sorusu #724984

Which of the following constitutes a spouse's individual property according to the matrimonial property regime?


Assets acquired at no cost by inheritance or otherwise

Compensation obtained for inability to work

Income derived from his or her own individual property

The proceeds from his or her employment

Property acquired to replace acquired property


Yanıt Açıklaması:

In matrimonial property regime, unless the spouses agree upon a different regime, the acquired property that each spouse acquires during the marriage is shared equally when the marriage comes to an end with whatever reason.  According to article 219, acquired property comprises those assets which a spouse has required for valuable consideration during the matrimonial property regime. In particular, the acquired property of a spouse comprises:

1. The proceeds from his or her employment,
2. Benefits received from social security, social welfare institutions and staff welfare schemes,
3. Compensation obtained for inability to work,
4. Income derived from his or her own individual property,
5. Property acquired to replace acquired property.

On the other hand, a spouse’s individual property comprises:

1. Personal items used exclusively by that spouse,
2. Assets belonging to one spouse at the beginning of the matrimonial property regime oracquired later at no cost by inheritance or otherwise (for example, donation),
3. Immaterial (moral) compensation,
4. Acquisitions that replace individual property.

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