| Abstract [eng] |
Civil liability in family law, in particular, is characterized by the fact that the legal relations in civil liability entities, depending on the obligation is incurred and the reason, could be a spouse by himself and the both spouses as total debitors. Second, civil liability of the spouses under the burden of property characterized by the fact that there may be both partial solidaric and subsidiary, or personal. Third, civil liability of the married spouses settled between the obligations is implemented through the reimbursement mechanism and the right of regress. Spouses participating in legal civil relations often include a wide range of transactions that are related both to the family and the personal interests of each spouse. According to this the matrimonial obligations can be divided into general and personal, and general obligations in relation to partly and partly solidaric. Total obligation of the spouses are, that are associated with the common joint property deriving from one of the spouses, on behalf of the transactions, but in the other spouse's consent or after the spouse's approval, as well as other obligations assumed by other family interests, as well as joint and several liability. When is held that the obligation is generic, it will be accused from a joint matrimonial property, and for joint and several obligations situation, for lack of a common property of spouses for the fulfilling the obligation, the recovery will be directed to personal property of each spouse. It is important to note that the present case has already settled law practice that a document issued by the Executive in respect of only one spouse, the bailiff is not entitled to direct the recovery of the other spouse's property. When is held that the obligation is generic, it will be accused from a joint matrimonial property, and for joint and several obligations situation, for lack of a common property of spouses for the fulfilling the obligation, the recovery will be directed to personal property of each spouse. It is important to note that the present case has already settled law practice that a document issued by the Executive in respect of only one spouse, the bailiff is not entitled to direct the recovery of the other spouse's property. |
