section 1114
Debts contracted by husband without intervention of the wife
The Portuguese Civil Code, 1867The exclusive assets of the husband are liable for the payment of the debts incurred by the husband without written consent of the wife during the subsistence of the marriage. § 1 - In the absence of exclusive assets of the husband, the said debts shall be paid through his moiety in the common assets. However, in this case the said payment may be obtained only after dissolution of the marriage or separation of the assets between the spouses; the creditor, may, nevertheless, for the sake of his guarantee, proceed with the suit and execution up to the stage of the attachment of the right and interest of the husband in the common assets of the couple. § 2 - But in case the debts have been used for the common benefit of the spouses or incurred in the absence of or impediment of the wife, in case the purpose for which they were incurred did not permit him to wait until her return or cessation of the impediment, the common assets shall be liable for the payment of the same.
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