C-F-No. 181649 Debt of sposes – standing
One of the spouses lacks standing to claim payment of common debt of spouses before partition of common property. The cassation bench stated debt of both spouses during marriage should be claimed by third party creditors, not by one of the spouses.
However, a dissenting opinion by one of the judges challenged the reasoning of the bench. It argued that debt of the spuses should be paid to creditors without the need for these creditors being a party to the litigation for partition of common property.
Article 89. – Protection of Creditors.
Where there is a debt incurred by either spouse or both spouses conjointly, and such debt is confirmed by judicial decision, or acknowledged by the spouses, such debt shall be paid before partition of property.
Categories: Family Law