Legislative Decree No. 31-2015 — Gender Pay Equality

Reform Articles 30, 39, 68 and 70, and add a new numeral under the designation of 8) to

• 1)

  The property and rights that belonged to him/her before the community of acquests or all those whose cause or title of acquisition preceded the marriage, in accordance with what is declared in the respective sworn declaration of property;

• 2)

  Those acquired afterwards by gratuitous title;

• 3)

  Those acquired at the cost of or in substitution of private property;

• 4)

  Property and patrimonial rights acquired through inheritance and/or bequests;

• 5)

  Compensation for damages referring to the person of one of the spouses or to their private property;

• 6)

  Clothing, objects and personal use accessories; and, 7) Instruments or objects of indispensable use for the exercise of the profession or trade, except when these are integral parts or belongings of a common enterprise. The property listed in numeral 7) shall not lose its character as private property by reason of its acquisition having been made with common funds; but, in this case, the community of acquests constituted shall be a creditor of the owning spouse for the value satisfied".

Community property consists of:

• 1)

  Those obtained by the work or industry of either of the spouses;

• 2)

  The fruits, income or interest that are produced by both private property and community property;

• 3)

  Those acquired by onerous title at the cost of the common estate, whether the acquisition is made in common, or for one spouse only; and, 4) Enterprises founded during the validity of the community of acquests by one or either of the spouses at the expense of common property. Property existing in the marriage is presumed to be community property unless it is proven that it belongs privately to one of the spouses".

The community of acquests shall begin at the moment of the celebration of the marriage or after the time agreed in matrimonial capitulations duly recorded in the corresponding Public Registry".

The liquidation of the community of acquests shall proceed guaranteeing both spouses, first and foremost the rights already recognized for minor sons and daughters or those in the conditions established in Article 211 of this Code, with special attention to the obligation of guaranteeing the fulfillment of children's rights recognized in the Constitution of the Republic, Code of Childhood and Adolescence, this Code and other applicable laws. Article 39 reformed, likewise add Articles 70-A, 70-B, 70-C and 70-D, to Decree No. 76-84 dated August 16, 1984, containing the FAMILY CODE, which henceforth shall be read as follows:

The marriage shall be formalized with the solemnity... The official(a) or notary(a) shall read aloud the content of Articles 40, 41, 42, 64, 68 and 70 of this Code, orienting the contracting parties regarding the same, then shall ask each one of them if they understand the scope of the legal provisions in reference and if they persist in the formalization of the marriage and which patrimonial regime they adopt, being required to set forth in the deed the necessary circumstances to provide evidence that the proceedings provided for in this Code have been complied with without prejudice to guaranteeing the privacy of the economic agreement between the contracting parties. The Deed shall be signed by the (the)..." It is prohibited to the...

The competent Official(a) or Notary(a) shall not authorize the celebration of the marriage unless presented with:

• 1)

  The documents...;

• 2)

  The document...;

• 3)

  Certification...;

• 4)

  Two (2) or more witnesses...,

• 5)

  Where applicable...;

• 6)

  Certificate of Registry...;

• 7)

  Certificate of Background...; and,

• 8)

  The sworn declaration of property of each of the spouses, which must be executed on official size bond paper without any formality and attached to the matrimonial file".

In the absence of matrimonial capitulations, the economic regime governing the marital bond shall be that of the community of acquests".

By means of the community of acquests, all movable and immovable property obtained by onerous title, indistinctly by either of them during the marriage, shall be common to the spouses, which shall be distributed to them by half in the event the marital bond is dissolved. Excepted are movable and immovable property acquired by gratuitous title and those considered household furnishings, which shall remain in favor of the woman as established in Article 72 of this Code".

Private or personal property of each of the spouses consists of:

For this purpose, it is established that the property intended for family residence shall not enter into liquidation of the community of acquests, but rather a usufruct shall be constituted in favor of the spouse who remains responsible for the custody and care of the minor sons and daughters, until they reach the age of majority, without prejudice to the provisions of Article 217 numeral 6) of this Code; this usufruct may be for life when it involves sons and daughters with permanent disabilities in both cases the usufruct shall dissolve upon the disappearance of the causes of its constitution. Nor shall it be able to be alienated or burdened except with the consent of both spouses or by judicial order at the request of either of the spouses, prior demonstration, in the latter case, of the utility and necessity duly justified of said act. During the validity of the community of acquests the spouses may not conceal property or commit fraud of any kind regarding the same. Likewise they may not burden or donate nor alienate in any form without the consent of both spouses".