Abstract

THOMASPUIG, Petra M.. Presumptions Of Co-Ownershipand Donation Between Married Spouses On Separation Basis In Case Of Bankruptcy From One Ofthem. Insolvency Lawand Civil Law Ofthe Balearic Islands. Rev. Bol. Der. [online]. 2017, n.24, pp.170-191. ISSN 2070-8157.

ABSTRACT: To determine the active mass of the married person in a separation scheme, the presumption of the donation to the spouse of the entire consideration from the assets of the bankrupt must be analyzed, the presumption of donation of half the consideration when it can not be proved the origin of the same and the presumption of co-ownership by undivided halves, among other aspects, such as the preferential allocation of family housing, the right to food, indistinct accounts, assets acquired with a pact of survival and reintegration into the mass.

Keywords : Active mass of the bankruptcy; individual bankruptcy and matrimonial regime; separation of assets of the spouses and bankruptcy.

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