1. What does corporate common property of spouses mean?
Answer: Legal condition of the property under common property of spouses is regulated by Article 225 of the Civil Code, Articles 31-37 of the Family Code. Subject to Clause 1, Article 225, the Civil Code, any property acquired during marriage term of spouses, unless otherwise is specified or otherwise is agreed between the parties, this property shall be common property. The property acquired during marriage term of spouses is their corporate property (Clause 1, article 32, The Family Code). The property obtained and acquired during marriage constitutes corporate property of spouses.
Corporate property of spouses may include incomes obtained by each of them from legal activities, their pension and remunerations, objects obtained by their common incomes, securities, shares in credit institutions, deposits and any other property acquired during the marriage term of spouses.
The followings are not subject to corporate property rights of spouses:
the property, owned by husband, or wife separately before the marriage
property received by husband or wife during the marriage as a gift or inheritance, as well as property obtained by other gratuitous acts;
possessions of individual use (for example clothes, shoes and etc.) except adornment and jewelries. Such kinds of properties (things of individual use such as suits, clothes, shoes and etc.) which are not subject to corporate property right are considered separate property of spouses. Though they are obtained during the marriage term of the spouses but they are considered the property of user.
Any property which belongs to any of spouses may be considered their corporate property. But for this, it is very important to determine who was made investment that increased the value of that property significantly at the cost of corporate or individual property of the spouses during the marriage term (Clause 225.4 of Civil Code, Clause 35 of the Family Code). “Investment that increased the value of that property significantly” means capital repair, reconstruction, changing of equipment and etc.
According to Paragraph 5 of Clause 225 of the Civil Code, the charge for the liabilities of husband (wife) may be directed to the property under his or her possession as well as to his her share in corporate property of spouses, unless there are mentioned other terms and conditions in marriage contract.
There are mentioned two routine in the Family Code for the property relations established between supposes: legal routine (Chapter 7, Clauses 31 to 37); contractual routine (Chapter 8, Clauses 38 to 42).
Unless it is otherwise determined by marriage contract, there will be acting the legal routine for the property of the spouses. The routine for corporate property of the spouses is considered the legal routine of their property (Clause 31.1 of the Family Code).
The Contractual routine for the property of spouses means the application of corporate, distributed or separate property routine to corporate property, different kind of them or to the property of each of the spouses by changing the routine for corporate property of the spouses that was determined by law. Contractual routine is innovation for our legislation.