Amendments To The Civil Code

Original Language Title: Grozījumi Civillikumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/221379

The Saeima has adopted and the President promulgated the following laws: the law on amendments to the civil code to make the following amendments: 1. Replace article 12, first paragraph, the words "Court" with the word "Latvia".
2. Turn off the 42 and 43.
3. Express article 69 and 70 as follows: "69. Divorce can be only the Court or the notary. Divorce can be obtained if the marriage has broken down.
Court divorce can be obtained in the cases laid down in this chapter. The marriage is dissolved from the date of the judgment of divorce become final.
Notary divorce can be the notarial law, if both spouses agree to divorce. The marriage is dissolved as from the date of the notary making divorce certificate.
70. The Court marriage class, based on the application of one spouse.
Notary marriage class, based on the application of both spouses for divorce, drawn up in notarial law. "
4. Turn off the first sentence of article 71.
5. Article 74 of the following expression: ' 74. If the spouses are living apart in less than three years, the Court divorce can be obtained only if: 1) continuation of the marriage then the spouse requesting the divorce is impossible for reasons which are dependent on the other spouse and which would be with her cohabitation intolerable cruelty against the spouse requesting the divorce;
2) one spouse agrees with the other spouse claim divorce;
3) one of the spouses started living together with another person and this cohabitation in a child is born or expected child's birth.
If the Court finds that, in the first paragraph of this article, it is possible to save the marriage, the spouses for the purpose of conciliation proceedings may be postponed for up to six months.
If the spouses are living apart in less than three years, the notary divorce can be obtained only if both spouses agree to divorce and the notarial law is submitted to the notary public application on divorce. "
6. Replace article 75, the number and the word "article" with the number 74 and the words "74." in the first paragraph.
7. Express article 76 and 77 as follows: "76. Court marriage class, not while it has broken down, and in so far as the maintenance of a marriage if, exceptionally, the overriding reason is required for spouses in the minor child's best interest.
77. The Court not the marriage class, if the spouses have not agreed on joint custody of the minor child, the rights of access, maintenance of the child, the Division of the common property or the claims are not settled before the divorce and not being brought together with the petition for divorce.
Notary class, not of the marriage if the spouses have not proven that the marriage has broken down and there is no agreed on joint custody of the minor child, the rights of access, maintenance and distribution of the common property. "
8. Replace the words "in article 620 the Court" with the words "notary public".
9. Replace the words "in article 1837 Court" with the words "notary public".
10. Replace the 1841. in the third subparagraph, the words "the Court" (fold) with the words "notary public" (hinged). "
11. Express 1924. the second subparagraph by the following: "the right to withdraw any donations may be used just the same donor is within one year of the first part of this article specified in paragraph 1 in the case of death, the gifted point 2 in the case specified in the date of entry into force of the judgment of divorce, marriage or when a notary had made it a certificate of divorce, but paragraph 3 in the case specified in the date of entry into force of the judgment with which marriage is found to be invalid. Conditions that restricted the rights of the donor to withdraw the gift, not force. "
12. Replace the words "in article 1984 Court" with the words "notary public".
13. Replace the 1989 article in the third paragraph, the word "Court" with the words "notary public".
14. Replace annex I Section "public Lakes and rivers" in paragraph 171 number "with" the number "140,9 173.0".
The law shall enter into force on February 1, 2011.
The law in the Parliament adopted the 2010 October 28.
President Valdis Zatlers in Riga of the 2010 November 17.