Примери за използване на Accrued gains на Английски и техните преводи на Български
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Italian law does not provide for a community of accrued gains regime.
The so-called community of accrued gains is the default statutory matrimonial property regime.
Under the regime of the separation of assets,there is no equalization of accrued gains.
Under the regime of the community of accrued gains, each spouse will be liable for his or her own debts.
The part of the property of each spouse that increased during the regime of community of accrued gains(acquired assets) is offset.
Under the community of accrued gains regime and the separation of property regime there is no joint property of the spouses.
Under this contractual form of matrimonial property regime, the accrued gains will not be equalized.
Thus, in the course of the equalization of accrued gains, a spouse can be obliged to compensate the other spouse for his or her debt obligations.
Any equalization claim, however,is always limited to the value of the existing property of the spouse obliged to equalize his or her excess of accrued gains(see point 5.3).
Under the regime of community of accrued gains and separation of property, there is no joint property of the spouses, so there is no division of property.
They can choose between the community of property regime,the community of accrued gains regime or the separation of property regime.
Under the regime of community of accrued gains, at the end of the matrimonial property regime, a spouse has the right to demand equalisation and monetary compensation.
Under the matrimonial property regime of the separation of assets,there is no provision for an equalization of accrued gains taking account of preexisting debts.
Under the community of accrued gains, the surviving spouse's claim for equalization of a potential surplus is satisfied by increasing his or her legal share by a quarter of the estate§ 1371 par.
If no inventory of the initial assets is drawn up,a rebuttable presumption will apply whereby a spouse's final assets constitute his or her accrued gains§ 1377 par.
Provisions departing from the community of accrued gains as the statutory matrimonial property regime as well as the application of a foreign matrimonial property regime may be recorded in this register.
An inventory of assets must not be established under the regimes of community of property and separation of property butit should be established under the community of accrued gains regime(see 5.3.).
Under the matrimonial property regime of the community of accrued gains, the accrued gains that the spouses acquire in the marriage are equalized if the community of accrued gains ends§ 1363 par.
Spouses may extend or restrict the statutory community of property regime or establish a separation of property regime ora separation of property regime with equalisation of accrued gains by means of a marriage contract(drawn up in the form of a notarial authentic instrument).
If the community of property or the community of accrued gains regime is terminated by the court, then the court shall send the copy of the court decision to the Chamber of Notaries for entry in the matrimonial property register.
Example: In his will, the testator named his wife(with whom he lived under the property regime of community of accrued gains) and his daughter as heirs such that they stand to inherit⅞ and⅛ of his estate respectively.
Since, in the case of the community of accrued gains as the statutory matrimonial property regime, separate sets of assets coexist, a reallocation of the property will not occur in the event of a divorce.
Apart from the traditional matrimonial property regimes,all spouses may also choose the Franco-German regime of an optional community of accrued gains with no need for one of the spouses to be a French or German national(see point 3.1).
The community of accrued gains regime ends either by death of one of the spouses, by divorce or by concluding a marital property contract establishing a different property regime or by a court ruling on the request of one spouse.
The Franco-German matrimonial property regime of an optional community of accrued gains may also be chosen by the spouses, regardless of whether one of the spouses is a French national or has his or her customary place of residence in France.
Under the community of accrued gains regime, property belonging to a spouse is his/her separate property, of which only the owning spouse can dispose independently(without the consent of the other spouse) regardless of whether the property was acquired before or during the marriage.
In case of termination of a separation of property regime with an equalisation of accrued gains, the increase in the value of the property of each spouse that occurred during the regime may be equalised by payment or in kind Art.
If on conclusion of the marriage the spouses choose either the community of accrued gains regime or the separation of property regime, then the vital statistics official or notary concluding the marriage or the civil law notary shall submit a notice to the matrimonial property register for making the relevant entry in the register.
If the spouses lived under the default property regime of community of accrued gains,“the accrued gains that the spouses acquire in the marriage(…) are equalised if the community of accrued gains ends”§ 1363, paragraph 2 of the BGB.
As a result,the spouse whose individual gains accrued over the course of the marriage exceed the other spouse's gains is obliged to pay half of the excess to the other spouse(§ 1378 BGB).