If we are not going to deal with corporate or business simulations

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However, there may be use of joint assets outside of the marital agreement, that is, outside of what the parties considered normal and common. An example: amounts transferred to third parties due to emotional and/or sexual infidelity; income not required for the same reason, such as lending a car or property; expenses, such as renting a property to a lover; of course, we use the most spicy examples, which are more touching and easier to assimilate.

However, it is not necessary for the absence of patrimonial trust to be directly related to emotional and/or sexual infidelity. It is essentially the result of an appropriation, as an individual and personal right, of what bulk sms south africa is conjugal or, even, has conjugal effects (as in the case of contracting debts, including the offering of guarantees). In these cases, it is advisable to reconstruct the conjugal accounting (in the broad sense, since there are usually no accounting records of the domestic economic and financial transactions). Recognize that the spouse owes the appropriate amounts (even if they result from an assessment or estimate, as the case may be) for the overall amount to be shared. And the most common way to do this is by means of compensation in relation to what is owed to him/her, although it may happen that he/she owes more than he/she is entitled to receive.

It should be noted that the central element of the argument/proposition is not subjective, that is, it is not bad faith, although it is easily recognized in cases of emotional and/or sexual infidelity, that is, in betrayal. This is an issue that should be taken from a different perspective: as occurs in the duty of corporate fiduciary, an objective element is considered in the behavior (commission or omission) of the person in relation to a property that is common, that is, that is not only his/hers.