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Conjugal Partnership of Gains

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Conjugal Partnership of Gains
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  Conjugal Partnership of Gains: Art. 105 : In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the  provisions in this Chapter shall be of supplementary application. The provisions of this Chapter shall also apply to conjugal  partnerships of gains already established between spouses before the effectivity of this Code, without  prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in  Article 256. Presumption is that all property acquired during marriage even if in the name Article 106: - Proceeds, products, fruits and income from their separate properties - Those acquired by their efforts or chance - Income and fruits by gratuitous title (diff from ACP) - Annuity: retirement on an annuity (received as a matter of right) -Pension: service previously rendered for which full and adequate compensation was not received at the time. Article 117: 1. Acquired by onerous title using common funds. 2. Obtained by labor or industry or work 3. Fruits, natural, industrial, or civil due received during marriage from common prop - Net  fruits of exclusive property BUT personal damages are not conjugal. 4. Share in hidden treasure 5. Fishing and hunting Article 109: 1. Brought into the marriage as his or her own 2. Acquired by gratuitous title - By way of succession - Honorarium (given in appreciation for services rendered) 3. Acquired by right of redemption, barter, exchange - Even if money used to redeem is conjugal (reimbursement) 4. Bought with exclusive money of either spouse. *Onerous donations *Designated share in donation *Gratuity (amount given by jobs for previous work) Art. 110:   The spouses retain the ownership,  possession, administration and enjoyment of their exclusive properties. Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, Art. 107 : The rules provided in Articles 88 and 89 shall also apply to conjugal  partnership of gains. Art. 108  : The conjugal  partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. Prohibition on waiver. *Properties brought into the marriage by the contracting parties belong to each of them exclusively. - Either spouse can transfer admin of prop to other spouse thru public instrument. Art. 118  : Property bought on installments paid partly from exclusive funds of either or both spouses and  partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal  partnership if such ownership was vested during the marriage. In either case, any amount advanced by the  partnership or by either or Article 121: 1.support of spouse common and legitimate children 2.D&O by admin, both or either spouse with consent of other. 3.D&O without consent of other but redounding. 4.expenses for conjugal prop (taxes, liens) 5.taxes and expenses for preservation  of separate property (no need for use) 6.expenses for spouse for profession or self-improvement. 7.Antenuptial debts redounding to family. 8.donation of both for children for profession or self-improvement. 9.expenses of litigation between spouses Not to be paid by cpg: Article 122: -Payment of personal debts contracted by the husband or wife before or during the marriage unless they redounded to the benefit of the family. However, fines and indemnities imposed support of illegitimate children can be paid by the assets AFTER the payment of obligations provided in Art. 121. But at the time of liquidation the spouse who used such funds will be Termination: Article 126: 1.Death 2.Legal Separation 3. Annulled or declared void. 4.Judicial Separation  Article 127 and 128: -Provisions on separation in fact and abandonment has the same application as in  ACP article 100 and 101. Procedure: Article 129: 1.Inventory of separate and conjugal prop 2.Payment of advances 3.Reimbursement to the spouses. 4.D&O paid out by CPG, insufficiency solidarily liable. 5.exclusive prop delivered 6.loss or deterioration of movables paid from CPG 7.Net remainder to be divided (unless MS or waiver) 8.Delivery of presumptive legitimes 9.Conjugal dwelling  Article 130: in case of  of one spouse is conjugal unless otherwise provided. 6. Excess livestock (those brought in to the marriage by one will reimbursed 7. Acquired by chance which shall be recorded in the registry of  property of the place the property is located  . both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. Property bought before but title registered after marriage: still considered exclusive property even if spouse is made co-owner in title (considered a trust) Separate property plus conjugal funds to buy a new property: new property will be considered conjugal. Property bought on installment partly from exclusive and partly from conjugal: when title was vested will govern, then reimburse (Art. 119) Principal payments and interest paid to a spouse during marriage: principal amt is exclusive while interest is conjugal. charged.  If charges are paid, and no property or insufficient, CPG pays: -Fines, debts before the marriage -Support of illegitimate *Subject to reimbursement (ACP no need to pay out all charges first) Article 120 1. If improvement made by cp is more than value of the property, entire property will be conjugal  – reimburse spouse. 2. If amount is not more than it will still be separate property subject to reimbursement to CPG. (Ownership will vest upon reimbursement) Art. 123 : Whatever may be lost during the marriage in any game of chance or in betting, sweepstakes, or any other kind of gambling whether  permitted or prohibited by law, shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal  partnership property. death the liquidation proceeding will be in the same proceeding as the settlement of the estate of the deceased. (Same application as in ACP article 103) Art. 133:   From the common mass of  property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents  pertaining to them.    Conjugal Partnership of Gains Art. 110:    The spouses retain the ownership,  possession, administration and enjoyment of their exclusive properties. Either spouse may, during the marriage, transfer the administration of his or her exclusive property to the other by means of a public instrument, which shall be recorded in the registry of property of the place the property is located.   -  Each spouse is to retain ownership, administration, possession and enjoyment of their exclusive properties. -  Administration includes entering into contracts, engaging in litigation, and collection of fruits, profits and income arising from separate property. -  The owner spouse can transfer administration of the property not only to the other spouse but also to any third person without the consent of the other spouse. Conjugal Partnership of Gains Art. 111 : A spouse of age may mortgage, encumber, alienate or otherwise dispose of his or her exclusive property, without the consent of the other spouse, and appear alone in court to litigate with regard to the same. Art. 112: The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse.   -  Art. 111 is no longer necessary, as the age of marriage is also the age of emancipation. -  If the owner-spouse alienates his property the administration by the other spouse over such property will cease and the proceeds will go to the owner.   -  The owner-spouse cannot revoke a judicially approved administration by the other spouse of his property by alienating it. Thus to alienate the property he must get the consent of the administrator-spouse or court approval.  Conjugal Partnership of Gains Art. 113: Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the donee-spouses as his or her own exclusive property, and in the absence of designation, share and share alike, without prejudice to the right of accretion when proper. Art. 114  : If the donations are onerous, the amount of the charges shall be borne by the exclusive  property of the donee spouse, whenever they have been advanced by the conjugal partnership of gains. Art. 115:   Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case. -  The donor may donate whatever he wishes to whomever he wants. Thus he may donate a piece of property to both spouses jointly or may specify how much of the property should go to the husband and how much should go to the wife.  ACCRETION: addition of property to another property General rule: in a joint donation one cannot accept independently of his co-donee unless it is stipulated or unless it is between husband and wife. Ex. D donates land to H and W who are married. D donates 1/3 to W and 2/3 to H. If W does not accept the donation it will be considered added on to the share of the husband. However if it is a specific designation such as H will get a car and W will get a horse, accretion will not apply. - In the case of wills for accretion to take effect, the nature of the inheritance must be  pro indivisio (not divided, the terms ½ or in equal shares does not make it divided).  Conjugal Partnership of Gains Art. 124:    The administration and enjoyment of the conjugal partnership shall belong to both spouses  jointly. In case of disagreement, the husband's decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be  perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.  (165a) Art. 125  :  Neither spouse may donate any conjugal partnership property without the consent of the other. However, either spouse may, without the consent of the other, make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress.   -  Any alienation made by either spouse without the consent of the other is invalid. -  In case the husband disposes of property over the objection of the wife, the wife may file a case to annul the entire contract or part of it.

Post Modernism

Jul 23, 2017
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