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Absolute Community

A Constitution (Article 91) 1 All property consist of all property owned by the spouses at the time of the marriage celebration or thereafter acquired.

Conjugal Partnership of Gains


A Constitution (Article 117)

B 1 2

3 4 5 6 7 8

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Charges Upon & Obligations (Article 94) Support of the spouses, common children and legitimate children All debts and obligations contracted during the marriage by the designated administrator spouse for the benefit of the community, both spouses or one spouse with the consent of the other. Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited. Taxes, liens, charges and expenses, including major or minor repairs upon the community property. Taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family. Expenses to enable either spouse to commence or complete a professional or vocational course, or other activities for self improvement. Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family Value of what is donated or promised by both spouses in favor of their common legitimate children for a. completing a professional or vocational course B b. Activity for self-improvement a Antenuptial debts of either spouse. b Support of illegitimate children of either spouse. c Liabilities incurred by either spouse by reason of a crime or a quasi-delict. d in case of absence or insufficiency of the exlusive property of the debtor spouse the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community. Expenses of litigation between the spouses unless the suit is found to be groundless.

1 Those acquired by onerous title during the marriage at the expen expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; 2 Those obtained from the labor, industry, work or profession of e or both of the spouses; 3 The fruits, natural, industrial, or civil, due or received during the the marriage from the common property, as well as the net fruit from the exclusive property of each spouse; 4 The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasur found. 5 Those acquired through occupation such as fishing or hunting; 6 Livestock existing upon the dissolution of the partnership in exce of the number of each kind brought to the marriage by either sp 7 Those which are acquired by chance, such as winnings from gambling or betting. However, losses therefrom shall be borne exclusively by the loser-spouse

Charges Upon & Obligations (Article 121) The Same

If the community property is insufficient to cover the foregoing liabilities, the spouses shall be solidary liable for the unpaid balance.

C Ownership, Administration, Enjoyment and Disposition of the Community Property (Article 96). General Rule: Joint administration and enjoyment by both the husband and wife. Exception: Incapacitated Disagreement - the husband will prevail subject to recourse to the court by the wife. Other spouse will assumed but for disposition and encumbrance needs, a Consent of the other spouse, b authorization by the court.

Ownership, Administration, Enjoyment and Disposition of the Community

propert (Article 124) The Same

Exclusive Property of Each Spouse (Article 92) D 1 Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; 2 Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property; 3 Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage, and the fruits as well as the income, if any, of such property. Administraion E 1 Joint Administration 2 In case of conflict, husband prevails but wife has judicial redress 3 If one spouse is incapacitated or otherwise unable to participate other spouse is given sole administration. Dissolution of Absolute Community Regime (Article 99) Death of either spouse Decree of legal separation The marriage is annuled or declared void In case of judicial separation of property during the marriage under Art 134 to 138 F

Exclusive Property of Each Spouse (Article 109) 1 That which is brought to the marriage as his or her own 2 That which each acquires during the marriage by gratuitou 3 That which is acquired by right of redemption, by barter or exchange with property belonging to only one of the spou 4 That which is purchased with exclusive money of the wife husband.

Administration The Same

F 1 2 3 4

Dissolution of Absolute Community Regime (Article 12 The Same

Liquidation (Article 102) 1 Inventory a. absolute community b. exclusive properties of each spouse 2 Payment of debts and obligations a. absolute community assets b. if insufficient, the separate properties

Liquidation (Article 129) 1 Inventory separate listing of the conjugal and separate as

2 Reimbursement for advances made on personal debts and oblig

H.

Termination (Article 103) H. Termination (Article 130) 1 Liquidation be made within one year 1 Liquidation be made within six months. 2 A mandatory regime of complete separation of property shall govern the property relations of the 2 The same subsequent marriage.

uired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the

ained from the labor, industry, work or profession of either

natural, industrial, or civil, due or received during the age from the common property, as well as the net fruits of either spouse in the hidden treasure which the law the finder or owner of the property where the treasure is

uired through occupation such as fishing or hunting; existing upon the dissolution of the partnership in excess mber of each kind brought to the marriage by either spouse ch are acquired by chance, such as winnings from or betting. However, losses therefrom shall be borne

nistration, Enjoyment and Disposition of the Community

ch is brought to the marriage as his or her own ich each acquires during the marriage by gratuitous title ch is acquired by right of redemption, by barter or by e with property belonging to only one of the spouses; and ch is purchased with exclusive money of the wife or of the

of Absolute Community Regime (Article 126)

separate listing of the conjugal and separate assets.

nt for advances made on personal debts and obligations.