Part Ⅳ Family
Chapter II Marriage
Section 4 Matrimonial Property Regimes
Subsection 1 GENERAL PROVISIONS
The husband and the wife may, before or after getting married, adopt by contract one of the contractual regimes provided by this Code as their matrimonial property regime.
Where the husband and the wife have not contracted the holding of matrimonial property, unless otherwise provided by this Code, the statutory regime shall be applied.
The conclusion, modification or termination of a contract for the holding of matrimonial property must be done in writing.
The conclusion, modification or termination of a contract for the holding of matrimonial property may not be a valid defense against any third party unless it has been registered.
Registration provided in the preceding paragraph will not affect any other registration of the property right according to the other law.
Registration provided in the first paragraph shall be regulated by a particular law.
The provisions in the preceding two articles shall be applicable mutatis mutandis to other agreements pertaining to matrimonial property.
Either the husband or the wife is in any of the following circumstances, the court may, at the instance of the other party, order the application of the separation of property regime:
(1) Where liable for the living expenses of the household but failed to provide such;
(2) Where either the husband or the wife is in a state of insolvent;
(3) Where according to the law, the disposition of property requires the consent of the other party, but such consent is refused without a good cause;
(4) Where one party who is entitled to manage has obviously managed the common property improperly, and failed to make any improvement thereon by request of the other;
(5) Where one party improperly reduced his own property acquired in marriage and this may endanger the other's right to claim for distribution of the remainder [of the property];
(6) Where any other gross event has occurred.
Where the husband and the wife are both in a state of insolvent, or where they could hardly maintained their common living, and have not lived together for more than six months, provisions in the preceding paragraph will be applicable to both of them.
During the continuance of the marriage, the husband and the wife may, by contract, terminate their contract for the holding of property, or adopt any other contractual regime.