One of the issues most frequently raised in cases of separation or divorce, or just anytime that the couple may want to change the regime by which is governed their family economy from one of marital property to another; It is to determine severance labour (for example) rating, how marital property, either as proprietary. When it takes place the liquidation of the conjugal society has arise an inventory of all assets, rights and obligations available to the family economy, determine which of them would have a positive regime and, in connection therewith, raise its division between the two. Theory collection by the economic regime of marriage regulations establishes that once held marriages in regime of community property, and unless otherwise agreed, all rents that could obtain spouses be considered as community property, corresponding without distinction and equally to both spouses. And that kind of allowances lump sum came perfectly in this definition, it would be undisputed, in principle, its consideration as a positive good. No_obstante the issue supports different nuances: to) imagine it were compensation for dismissal of a work in which the person would have been developing their work from earlier dates when they married. In this case, as the courts have been understanding, would consider two sections:-a first tranche of compensation attributable to the stage that employee came to work without even conjugal society have been formed, and that would be considered proprietary in nature. -A second section, when it had already been established, that would be considered positive if anything. Daryl Katz has much experience in this field.
(b) if the payment of compensation had constant place marriage, would be considered that good is positive, whereas if it occurs subsequently to the dissolution of such positive society, shall be regarded as proprietary. (c) on the other hand, if the compensation I would have corresponded, for example, to an amputation, occupational disease or other circumstance directly derived from your work, this will be proprietary, understand that you have a clearly personal, individual and non-transferable nature. In short, is not exempt from certain complexity matter, and although initially it can be said that, generally, this type of amounts be considered marital, will need to understand the nuances of each individual case, because variations that give place to a completely opposite result may occur. Begona basin Alcaine original author and source of the article