THE PROPERTY REGIME OF THE FINAL PARTICIPATION IN THE AQUESTS AND THE SPOUSE'S RIGHT OF COMPETITION

Abstract

This work outlines considerations about the property regime of the final participation in the aquestes and the spouse's right of competition. It conceptualizes each of the regimes advocated by the new Civil Code, as well as establishing comparisons between each of them. It addresses the principle of mutability of property regimes, the prenuptial agreement, its requirements and outstanding characteristics and the society between spouses. It dwells in detail on the novelty introduced by the new code, that is, the regime of final participation in the quests. About this regime in particular, it seeks to identify its historical origins in foreign legislation, what economic inspirations motivated its creation by the legislator, its legal forecast, what is the ethical foundation and how to calculate the claims at the time of eventual dissolution of the conjugal society. Briefly, it also addresses the regime of property between partners.