LA CONFESIÓN SOBRE EL CARÁCTER DE LOS BIENES REALIZADA ENTRE CÓNYUGES.

Abstract

One of the rules in the primary system of matrimonial rules is the inter-spouse admission of the nature of assets, under article 1324 of the Civil Code. Spouses are given the possibility of admitting to the nature of assets, because the way the Civil Code regulates the economic rules applicable in marriage is strongly characterized by the principle of freedom. Article 1324 of the Civil Code is applicable regardless of the asset ownership system the spouses are under, provided that the spouses have assets of their own. Admission confers title, not only inter partes, but erga omnes, with the exception of creditors and heirs entitled to legitimes. Admission is not personal, so, when a spouse dies, the possibility of admission is transferred to his or her heirs. This admission is a declaration of truth made to record that certain assets belong exclusively to one of the spouses. It is not a legal act conveying ownership. The beneficiary of the admission holds full legal standing to exercise all faculties belonging to the owner, with the restrictions in article 95 of the Mortgage Regulation.