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Mastering Property Rights in Marriages

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Questions and Answers

If both parties were bona fide at the time of entering into the putative marriage and the marriage was concluded without an antenuptial contract, how are they treated?

As having established a joint estate by virtue of having been married in community of property (correct)

As having established a separate estate by virtue of having concluded a universal partnership

As having established a joint estate by virtue of having concluded a universal partnership

As having established a separate estate by virtue of having been married out of community of property

What happens if only one party was bona fide in the putative marriage?

The marriage is treated as having been in community of property (or having been a universal partnership) if this is to the advantage of the bona fide party (correct)

The marriage is treated as having been in a separate estate (or having been a universal partnership) if this is to the advantage of the bona fide party

The marriage is treated as having been in community of property (or having been a universal partnership) if this is to the advantage of the non-bona fide party

The marriage is treated as having been in a separate estate (or having been a universal partnership) if this is to the advantage of the non-bona fide party