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Others
The notary act testifies certain facts whose incontrovertible
recording may prove very useful. Remember that the Notary's
assertion that in a specific moment certain circumstances
took place, can only be destroyed in a legal action
by very conclusive proof.
The same utility as these acts of presence mentioned
above, are those of notification, whereby it is set
on record for all effects that a person has received
a specific information from another, marginal to the
efficacy specifically marked by the Law in certain cases.
Most Legal Systems allow spouses to regularise their
economic marriage relations as they deem appropriate.
The Notary will advise you about the possibilities most
widely used, advising you which one best suits your
specific situation, according to your National Law.
Remember that the most suitable system for a marriage
where one of the spouses is a civil servant and the
other does not work, need not necessarily coincide with
the one preferred by two entrepreneurs or professionals.
When this is a question of changing from a community
marital property system to another of separate estate,
the Notary will proceed to make the respective settlement
and distribution, after drawing up an inventory of the
communal assets.
It is particularly advisable to execute marriage articles
when it is a marriage between persons of different nationalities.
Also do not forget that a couple need not necessarily
be married in order to regulate their estate relations.
In addition, by means of agreements that regulate estate
relations of persons united de facto, two people in
this status may, through the instruments granted by
civil and mercantile law, establish a regulatory scheme
that is very similar to the legally established community
systems. The fact that the legislator has not regulated
these situations completely is no impediment, for those
who find themselves included here, to take advantage
of the rules of our Estate Law set out in a general
way.
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