Title V: Marriage

A spouse may be authorised by a court to perform alone an act for which the assistance or consent of his or her spouse would be necessary, if the latter is unable to express his or her will or if his or her refusal is not justified by the interests of the family. An act performed under the conditions set by the court authorisation may be set up against the…

One spouse may give a mandate to the other to represent him or her in the exercise of the powers conferred on him or her by the matrimonial property regime. In all cases, they may freely revoke this mandate.

If one of the spouses is unable to express his or her will, the other may be empowered by the court to represent him or her, generally or for certain specific acts, in the exercise of the powers resulting from the matrimonial property regime, the conditions and extent of such representation being determined by the judge. In the absence of legal authority, mandate or empowerment by the court, acts performed…

Each of the spouses has the power to enter alone into contracts which have as their object the maintenance of the household or the education of the children: any debt thus contracted by one obliges the other jointly and severally. Solidarity does not apply, however, to expenditure which is manifestly excessive, having regard to the lifestyle of the household, the usefulness or uselessness of the transaction, or the good or…

If one of the spouses seriously fails in his or her duties and thereby jeopardises the interests of the family, the family affairs judge may prescribe any urgent measures required by those interests. In particular, he may prohibit that spouse from disposing of his or her own property or that of the community, whether movable or immovable, without the consent of the other spouse. He may also prohibit the movement…

If the order prohibits disposal of property whose alienation is subject to publicity, it must be published at the request of the requesting spouse. This publication ceases to have effect on expiry of the period determined by the order, unless the interested party obtains an amending order in the meantime, which will be published in the same way. If the order prohibits the disposal of tangible movables, or their removal,…

Are voidable, at the request of the requesting spouse, all acts performed in violation of the ordinance, if they were performed with a third party in bad faith, or even in the case of property the alienation of which is subject to publicity, if they are merely subsequent to the publication provided for in the preceding article. The action for nullity is open to the requesting spouse for two years…

Each of the spouses may, without the consent of the other, have any deposit account and any securities account opened in his or her personal name. With regard to the depositary, the depositor is always deemed, even after the dissolution of the marriage, to have free disposal of the funds and securities on deposit.

If one of the spouses appears alone to perform an act of administration, enjoyment or disposal of movable property which he or she holds individually, he or she is deemed, with respect to third parties acting in good faith, to have the power to perform that act alone. This provision does not apply to movable property referred to in article 215, paragraph 3, nor to tangible movables whose nature gives…

Each spouse may freely exercise a profession, receive his or her earnings and wages and dispose of them after paying the marriage expenses.