Topic > matrimonial regimes - 1440

For Maltese law, the default regime is that of the Community of Acquires, as indicated by Article 1316 of the Civil Code, Chapter 16 of the Laws of Malta. In such a scenario, the regimen Keith and Erika chose before marriage is this particular regimen. Article 1316 states that: "The marriage celebrated in Malta produces, unless otherwise agreed by public deed, 'ipso jure' the community of acquisitions between the spouses". However, the law provides for situations where problems may arise, and therefore both or one party may wish to change the regime that administers their property. This can be done by both or by one of the spouses with the prior authorization of the court, as specified below, in article 1317. “The spouses are competent, even after the celebration of the marriage, with the authority of the court, to establish the community of purchases which by virtue of the marriage contract or other act had been excluded, or to cause the termination of the purchasing community established by contract or by operation of law.". When situations arise, like Erika's, where one of the parties believes that the purchasing community may be threatened by the acts of the other spouse, the law provides solutions that can be resorted to so that this situation can be resolved. Indeed, in such a case, Erika can be said to have three options, whereby they can mutually decide to change their marital regime with the permission of the court, and have such change registered in the public registry within 24 hours. be applicable to third parties as indicated above. The other option is the exclusion of a spouse from the administration of the Community... middle of paper... a demonstration - that the act was beneficial to the community or - was carried out to satisfy the needs of the family ." The difference between these two remedies is when and how these two actions can be instituted. These are two further actions when the annulment of the act performed cannot be annulled, and therefore, the Law as it is seen seeks to provide a solution to all the problems that could arise from such a community. Conclusion In various situations, the Community of Acquisitions is the ideal marriage regime. However, as seen from the problems that have arisen in Erika's case, it can still cause several problems to spouses. I believe that the legislator is aware of this, since, as seen above, the law provides various remedies for the problems encountered by the modern world, and therefore the law is developing in order to address these situations.