00:00In a recent legal tip in which we referred to what constitutes social property, that is, which
00:06These were the assets that form part of the marital partnership and that, when it is dissolved and
00:13It must be liquidated; it will necessarily have to be divided equally between the members of the couple.
00:22We declare that all the furniture that was registered in the name of the marital partnership was part of it.
00:30couple. Furniture, as we pointed out on that occasion, includes all those things that can be moved, that can be transported, let's think
00:38For example, in actions, in works of art, in vehicles, in short, within the notion of
00:44furniture obviously also includes money.
00:52Thus, the furniture that either spouse owns on a given day becomes part of the marital property.
01:00The one who gets married, as well as the one who acquires it afterwards, we already indicated as being free of charge.
01:05By gratuitous title, we indicate in that legal type, it should be understood that by virtue of which the thing is acquired but
01:13It was not necessary, or is not necessary, to give anything in return, let's think of a donation or an inheritance.
01:19With regard to these two classes of assets, those held at the time of marriage and those that are
01:25they acquire later free of charge,
01:27Some of the people who had mentioned this legal issue told us that they felt it was unfair that these assets were considered social property.
01:35and even worse, that they would have to be distributed,
01:37When you look more closely at the situation, those assets cost the marital partnership nothing.
01:44because those that were already there were brought by the husband who contributed them, and those that are acquired later...
01:51received free of charge,
01:52In other words, they were not achieved through joint effort, community life, or unity.
01:59of support between spouses to achieve it.
02:02No, it wasn't a result of that.
02:04In light of this demonstration, we must point out that, indeed, at first glance, the situation might seem unfair.
02:11However, despite the civil code system, the conjugal partnership system of the civil code corrects this apparent injustice.
02:19How so? Article 1781 of the civil code and jurisprudence indicate that with respect to these assets,
02:30Those that are held at the time of marriage, we repeat, and those that are acquired afterwards free of charge, movable property,
02:37The spouse who contributes them at the time of liquidation is entitled to receive a reward.
02:44a monetary compensation for the value of those assets.
02:49Therefore, no injustice would occur or be generated, sorry.
02:56Because at the time of liquidation, the spouse who contributed those assets will have the right to...
03:02balance your assets
03:03Regarding that contribution he made, which, we insist, cost the marital partnership absolutely nothing.
03:10That compensation or those rewards will be made for the value that the asset had at the time it was made
03:17the contribution,
03:17but updated according to the economic factors corresponding to the one they have at the time of liquidation
03:28the marital partnership.
03:29In other words, there is no detriment of any kind, we insist and repeat, to the spouse who makes the contribution.
03:36We hope we have shed some light on this topic.
03:39We thank those who felt that what we described at the time was unfair.
03:43And we invite all our followers to submit their concerns and questions to help us expand
03:50Our legal tips.
03:52Thank you so much.
03:59Thank you.
