Effect of liquidation of property regimes between spouses on third parties

Although property regimes are an area where financial relations between spouses are regulated, in some cases they also affect third parties. Considering the legal regulations, it is possible to categorise the third parties affected by the liquidation of the property regime into three groups: the beneficiaries of the gratuitous acquisition or transfer, the heirs with reserved shares and the creditors. Within the scope of the provisions and contracts regarding the property regime, the legislator has allowed spouses to make certain demands against third parties, and third parties to make certain demands against spouses. In the regimes of participation in acquired property and separation of property with sharing, there are regulations regarding the third parties to whom the spouses may direct their rights arising from the liquidation of the property regimes between them. These regulations have been introduced to protect the other spouse against legal transactions concerning the assets of one spouse. Provisions regarding the property regime are regulated by mandatory rules. However, spouses are granted freedom of contract, albeit limited, and they may regulate their legal relations arising from the property regime within the limits of the freedom of contract granted to them. The spouses' freedom of contract regarding property regimes is limited in order to protect their heirs and creditors with reserved shares. For this purpose, within the scope of the spouses' freedom of contract regarding the property regime, it is envisaged to protect the reserved shares of some heirs against the agreements determining the principle of participation in the residual value in the regime of participation in acquired property and the principle of sharing in the regime of community of property. Protective regulations have also been introduced for creditors against contracts made by spouses after becoming indebted to third parties to establish a new property regime, amend the existing contract, or settle the previous regime.