Husband who makes contributions to a pension plan during his marriage subject to the community property regime: The wife has the right to claim the contributions made during the term of the marriage for the common partnership, notwithstanding the privative nature of the fund itself.
Based on art. 1,361 CC, which presumes that all the assets existing in the marriage have a community property character until proven otherwise, the Civil Chamber of the Supreme Court, in its judgment no. 618/2022, dated September 21, 2022, resolved in cassation, recognizing the origin of an asset item consisting of a credit in favor of the community property and against the husband, for the amounts contributed to his pension plan during the validity of the community property regime.
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