business, manage and dispose of the property acquired in the exercise of her
profession" (Article 373).
567. In addition, "each spouse shall have full ownership of his or her own property.
He or she shall manage and enjoy the property. However, he or she may not, without
informing the other partner, sell, dispose of and mortgage his or her own property or
dispose of it inter vivos for free. The partner shall be notified, at the request of the
settlor, by notarial or extrajudicial act "(Article 375).
568. When the spouses opt for separate property, each of the spouses manages,
enjoys and freely disposes of his or her personal property. He or she must contribute
to the expenses of the household and the family in proportion to their respective
abilities (Article 100). Each spouse remains solely liable for debts incurred before or
during the marriage, except in the case provided for in Article 106 which stipulates
that "each of the spouses shall have the power to carry out all the acts justified by the
marriage expenses. Any debt contracted for this purpose jointly and severally shall
bind both (02) spouses with respect to third parties, unless the other spouse has made
his or her refusal previously known to the creditor ".
569. Under the regime of participation in movables and marital property, "... the
spouses shall give each other the irrevocable and reciprocal power to manage their
property. Each spouse manages his or her property alone, regardless of the nature,
origin or acquisition conditions. The acts that one of the spouses carries out alone
shall be opposable to the other partner and require the full solidarity of the two (2)
spouses "(Article 397).
On Nationality
570. Ordinance No. 78-34 of 7 September 1978 on the Togolese nationality code confers
nationality on any foreign woman who marries a Togolese, provided that she does not
decline the offer by retaining her original nationality (Articles 5 and 6).
571. Divorce has no effect on the acquired rights of men or women in matters of
nationality. Divorce does not entail the loss of nationality (Article 149 of the Persons and
Family Code).
On the name
572. The Personal and Family Code states that “a married woman shall keep her
name but have the right to use the name of her husband during marriage and
throughout her widowhood. She can add her maiden name to her wife's name. In this
case, the maiden name shall precede the wife’s name. A woman who no longer has
159
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents