We advance through efforts to identify what the irregularity
Posted: Thu Jan 23, 2025 4:14 am
When it comes to sharing common assets, whether in marriage or in a civil union, there is an initial difficulty: defining what this common asset is in order to then establish what is owed to each person. This is a simple operation in most cases, especially given the simplicity of the assets. But not always. Defining common assets can indeed be a complex situation and, in Corporate Law, unlike Family Law, there is no doubt about it: a specific defining procedure is necessary: liquidation, an essential part of dissolution.
Following the line of “ Asset Audit and Examination of Economic buy bulk sms singapore and Financial Regularity for the Division of Assets in Divorce and Dissolution of Cohabitation ”, it seems to us that there should be an alternative made available to the parties in the divorce and dissolution of civil union proceedings: requesting the liquidation of common assets, without having to prove any deviations or any indication of misconduct: inventorying and auditing common assets should be an option made available to the parties. After all, this is an accessory right to ownership of the assets. Why make it difficult? This is an interesting question: shouldn't requesting an audit be a right of both co-owners?
But let's take a step back. Let's start from the basics. As we took care to demonstrate in Divorce, Dissolution and Fraud in the Division of Assets: business and corporate simulations (Editora Atlas), assets are a set of legal relationships, which include powers ( active assets ) and obligations ( passive assets ). In the case of marriage, in certain regimes, as well as stable unions in which there is no express agreement on a property regime, something similar to what is seen in a partnership agreement occurs: a common asset is formed.
Following the line of “ Asset Audit and Examination of Economic buy bulk sms singapore and Financial Regularity for the Division of Assets in Divorce and Dissolution of Cohabitation ”, it seems to us that there should be an alternative made available to the parties in the divorce and dissolution of civil union proceedings: requesting the liquidation of common assets, without having to prove any deviations or any indication of misconduct: inventorying and auditing common assets should be an option made available to the parties. After all, this is an accessory right to ownership of the assets. Why make it difficult? This is an interesting question: shouldn't requesting an audit be a right of both co-owners?
But let's take a step back. Let's start from the basics. As we took care to demonstrate in Divorce, Dissolution and Fraud in the Division of Assets: business and corporate simulations (Editora Atlas), assets are a set of legal relationships, which include powers ( active assets ) and obligations ( passive assets ). In the case of marriage, in certain regimes, as well as stable unions in which there is no express agreement on a property regime, something similar to what is seen in a partnership agreement occurs: a common asset is formed.