Family patrimony
Encyclopedia
Family patrimony is a type of civil law
patrimony
that is created by marriage
or civil union
(where recognized) which creates a bundle of entitlements and obligation
s that must be shared by the spouses or partners upon divorce
, annulment
, dissolution of marriage or dissolution of civil union
, when there must be a division of property
. It is similar to the common law
concept of community property
.
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
patrimony
Patrimony
Patrimony may refer to:* Property or other legal entitlements inherited from , one's father, especially if it has been handed down through generations in the same family, birthright...
that is created by marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
or civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
(where recognized) which creates a bundle of entitlements and obligation
Obligation
An obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...
s that must be shared by the spouses or partners upon divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
, annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
, dissolution of marriage or dissolution of civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
, when there must be a division of property
Division of property
Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during divorce...
. It is similar to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
concept of community property
Community property
Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions...
.