LIABILITY OF THE SPOUSE FOR DEEDS PREJUDICIAL TO THE JOINT OWNERSHIP OF ASSETS
LIABILITY OF THE SPOUSE FOR DEEDS PREJUDICIAL TO THE JOINT OWNERSHIP OF ASSETS

Summary/Abstract: The legal regime of the liability of the spouse for legal deeds concluded individually, but which cause prejudice to the joint property of assets raises some nuance debates on the legal classification of civil liability, on the holder of the right of claim triggering the liability of the defaulting spouse, as well as on the sanction applied in case the third party co contractor acts in ill faith and has concluded the deed causing prejudice to the joint ownership of assets while being fully aware of the consequences. The legislator has opted for the liability in tort of the spouse at default for causing prejudice to the joint property of assets, while the spouse who did not participate in the conclusion of the prejudicial deed is only granted the right to claim damages, without being entitled to introduce a plea of nullity of the concluded deed. Hence, the spouse is not entitled to introduce a plea of nullity of the deed causing prejudice to the joint ownership of assets concluded by the other spouse even if the third party co contractor was aware of the fact that the asset in question jointly owned by the spouses and was able to anticipate the prejudice it will cause to the joint tenancy, thus acting in ill faith. The sanction for this latter case is the joint liability of the third party and of the spouse who concluded the deed.

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