Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1329Obligations separately contracted by either spouse.

Sub-title III*

In forceOfficial text

(1) Subject to the following provisions of this article, the creditors of a spouse for debts which are not chargeable to the community of acquests whether such debt has arisen before or after the marriage, may, when such creditors cannot satisfy their claim against the paraphernal property of such spouse, enforce their claim against the assets forming part of the community of in subsidium acquests but only to the extent of the value of the share which such spouse has in the community of acquests.

(2) Saving the right of the debtor’s spouse to seek the judicial separation of property, the debtor’s spouse shall not have a right to oppose an act enforcing the credit against any property of the debtor or of the community of acquests except where the property upon which execution is being attempted is the paraphernal property of such debtor’s spouse.