quizfc 101-150

8/7/2019 quizFC 101-150

http://slidepdf.com/reader/full/quizfc-101-150 1/14

Art. 101. If a spouse without just cause the other or to

comply with his or her to the family, the spouse

may petition the court for , for separation of property or

for to be the of the absolute

community, subject to such conditions as the court may .

The to the family mentioned in the preceding paragraph refer to

marital, parental , or relations.

A is to have the other when

her or she has the conjugal without intention of

returning . The who has left the conjugal dwelling for a period

of or has within the same

period to give any as to his or her shall be prima

facie to have of returning to the

conjugal dwelling. (178a)

Art. 102. Upon of the absolute community regime, the following procedure

shall :

(1) An shall be , separately all

the properties of the absolute community and the properties of each

spouse.

(2) The and of the absolute community shall be

paid of its assets. In case of of said

assets, the spouses shall be liable for the balance with

their properties in accordance with the provisions of the second

paragraph of Article 94.

(3) Whatever of the exclusive properties of the spouses shall thereafter

be to each of them.

(4) The of the properties of the absolute community

shall its , which shall be

divided between husband and wife, unless a different

proportion or was agreed upon in the marriage settlements,

or unless there has been a waiver of such provided

in this Code. For of the profits

subject to in accordance with Articles 43, No. (2) and 63, No. (2),

the said profits shall be the in value between the value

of the community property at the of the of the

marriage and the market value at the of its .

8/7/2019 quizFC 101-150


(5) The of the common children shall be delivered

upon , in accordance with Article 51.

(6) Unless otherwise upon by the parties, in the partition of the

properties, the conjugal dwelling and the on which it is shall

be to the spouse with whom the of the commonchildren to . Children the age

of years are to have the mother,

unless the court has otherwise. In case there in such

majority , the court shall decide, taking into consideration the best

interests of said children. (n)

Art. 103. Upon the of the marriage by , the community

property shall be in the same proceeding for the settlement of the estate of

the .

If judicial settlement proceeding is , the spouse

shall the community property either or within

six months from the of the spouse. If upon

the of the six months period, no is , any

disposition or involving the community property of the terminated

marriage shall be .

Should the surviving spouse a marriage without

compliance with the requirements, a regime of

complete separation of property shall the property relations of the

subsequent marriage. (n)

Art. 104. Whenever the of the community properties of two or more marriages

contracted by the same person the of this Code

is , the respective capital ,

fruits and of each community shall be upon

such as may be according to the rules of . In

case of as to which community the properties ,

the same shall be between the different communities in to

the and of each. (189a)

Art. 105. In case the spouses 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 .

The provisions of this Chapter shall also to conjugal partnerships of

gains already between spouses the of this

8/7/2019 quizFC 101-150


Code, without prejudice to already in

accordance with the Civil Code or other laws, as provided in Article 256. (n)

Art. 106. the regime of conjugal partnership of , the husband

and wife in a common the , ,

fruits and from their separate properties and those acquired by either or both spouses through their or by , and, upon

dissolution of the or of the , the net gains or benefits

obtained by either or both spouses shall be between

them, unless otherwise in the marriage settlements. (142a)

Art. 107. The provided in Articles 88 and 89 shall also to

conjugal partnership of gains. (n)

Art. 108. The conjugal partnership shall be by the rules on the contract

of partnership in all that is in with what is expressly

determined in this Chapter or by the in their marriage

settlements. (147a)

Art. 109. The following shall be the property of each spouse:

(1) That which is to the marriage as his or her own;

(2) That which each during the marriage by title;

(3) That which is by of ,

by or by with property to only

one of the spouses; and

(4) That which is with of the wife or

of the husband. (148a)

Art. 110. The spouses the , ,

administration and of their exclusive properties.

spouse may, the marriage, the

administration of his or her exclusive property to the other by of

a , which shall be in the registry of

property of the place the property is . (137a, 168a, 169a)

Art. 111. A of may ,

alienate or otherwise of his or her exclusive property, without the

consent of the other spouse, and in court to litigate with

regard to the same. (n)

8/7/2019 quizFC 101-150


Art. 112. The of any exclusive property of a spouse by

the other the over such property

and the of the shall be over to the

owner-spouse . (n)

Art. 113. Property or by to the

spouses, and with of shares,

shall to the as his or her own exclusive property, and in

the absence of designation, and alike, without prejudice to

the of when . (150a)

Art. 114. If the are , the amount of the shall

be by the exclusive property of the spouse, whenever they

have been by the conjugal partnership of gains. (151a)

Art. 115. , , ,

usufructs and similar shall be by the rules on or

onerous as may be proper in each case. (n)

Art. 116. All property during the marriage, whether the appears

to have been made, or in the name of one or both spouses,

is to be conjugal unless the contrary is proved. (160a)

Art. 117. The following are conjugal partnership properties:

(1) Those by title during the marriage at the expense of

the common fund, whether the acquisition be for the partnership, or for only one of the

spouses;

(2) Those from the ,

work or of either or both of the spouses;

(3) The fruits, natural, industrial, or civil, or during

the marriage from the common property, as well as the net fruits from the exclusive

property of each spouse;

(4) The share of either spouse in the which the law

awards to the or of the property

where the is ;

(5) Those acquired through occupation such as or ;

8/7/2019 quizFC 101-150


(6) upon the dissolution of the partnership in

excess of the number of each kind brought to the marriage by either spouse; and

(7) Those which are acquired by , such as winnings from gambling or

betting. However, therefrom shall be exclusively

by the .(153a, 154a, 155, 159)

Art. 118. Property bought on paid partly from exclusive funds of either or

both spouses and partly from conjugal funds to the buyer or buyers if full

ownership was the marriage and to the conjugal

partnership if such was the marriage.

In either case, any amount by the partnership or by either or both spouses

shall be by the owner or owners upon of the

partnership. (n)

Art. 119. Whenever an or payable a period

of time to of the spouses, the which

may be during the marriage in or

by on the principal shall be the property of the spouse.

However, falling during the marriage on the principal

shall to the conjugal partnership. (156a, 157a)

Art. 120. The of , whether for or

adornment, made on the separate property of the spouses at the of

the partnership or through the or of either or both

spouses shall to the conjugal partnership, or to the owner-

spouse, subject to the following rules:

When the of the made by the conjugal partnership

and any resulting in value are than the value of the

property at the of the , the property of

one of the spouses shall belong to the conjugal partnership, subject to of

the value of the property of the at the time of the ;

otherwise, said property shall be in by the owner-

spouse, likewise subject to of the of the improvement.

In either case, the of the property shall be vested upon

the , which shall be made at the of the liquidation of the

conjugal partnership. (158a)

8/7/2019 quizFC 101-150


Art. 121. The conjugal partnership shall be for:

(1) The of the spouse, their common children, and the legitimate

children of either spouse; however, the support of children shall be

governed by the provisions of this Code on Support;

(2) All and during the marriage by

the designated for the benefit of the conjugal partnership of gains,

or by both spouses or by one of them the consent of the other;

(3) and contracted by either spouse the

consent of the other to the that the family may have ;

(4) All , , , and ,

including or upon the conjugal

partnership property;

(5) All taxes and expenses for made during the

marriage upon the separate property of either spouse;

(6) to either spouse to or

complete a a , , or other for

self-improvement;

(7) debts of either spouse insofar as they have tothe benefit of the family;

(8) The of what is or by both

spouses in of their common legitimate children for the exclusive

purpose of or a professional or vocational course

or other activity for self-improvement; and

(9) Expenses of between the spouses unless the is

found to .

If the conjugal partnership is to the foregoing

liabilities, the spouses shall be liable for the balance with

their properties. (161a)

Art. 122. The of contracted by the

husband or the wife or the marriage shall be

charged to to the conjugal properties partnership insofar as they

redounded to to the benefit of the family.

Neither shall the and upon

them be to the partnership.

8/7/2019 quizFC 101-150


However, the of by

either spouse before the marriage, that of and imposed upon

them, as well as the of children of either spouse, may

be the partnership assets

responsibilities in the preceding Article have been , if the

spouse who is should have property

or if it should be ; but at the time of the liquidation of the partnership, such

spouse shall be for what has been for the purpose above-

mentioned. (163a)

Art. 123. Whatever may be during the marriage in any game of chance or in

betting, sweepstakes, or any other kind of gambling whether or by law, shall be by the loser and shall be to the

conjugal partnership but any therefrom shall form part of the conjugal

partnership property. (164a)

Art. 124. The and of the partnership

shall to both spouses . In case of disagreement, the

husband's decision shall , subject to to the court by the wife

for , which must be of within five years

years from the date of the contract such decision.

In the that one spouse is or otherwise unable to

participate in in the of the conjugal properties, the other spouse

may powers of administration. These powers not

include or of the court

or the of the other spouse. In the of such

authority or consent, the or shall be .

However, the shall be as a offer on

the part of the spouse and the third person, and may be as

a contract upon the by the spouse

or by the court the offer is by either or

both .(165a)

Art. 125. spouse any conjugal

partnership property the consent of the other. However, either spouse may,

without the consent of the other, make moderate from the conjugal

partnership property for or on of family or

family . (174a)

8/7/2019 quizFC 101-150


Art. 126. The conjugal partnership :

(1) Upon the of either spouse;

(2) When there is a of separation;

(3) When the marriage is or void; or

(4) In case of separation of property the marriage

under Articles 134 to 138. (175a)

Art. 127. The separation in between husband and wife shall not affect the

regime of conjugal partnership, that:

(1) The spouse who the conjugal or to

live therein, without just cause, shall not have the right to be ;

(2) When the of one spouse to any of the other

is by law, shall be obtained in a

summary proceeding;

(3) In the absence of conjugal partnership property, the separate

property of both spouses shall be liable for the support of the family.

The spouse shall, upon in a summary proceeding, be

given judicial authority to or any specific separate

property of the other spouse and use the fruits or proceeds thereof to the

latter's share. (178a)

Art. 128. If a spouse without just cause the other or to

comply with his or her to the family, the aggrieved spouse may petition the

court for , for separation of property, or for authority to

be the administrator of the conjugal partnership property, subject to such

precautionarycccccc as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to ,

parental or or relations.

A spouse is to have the other when he or she has left the

conjugal dwelling without of . The spouse who has left

the conjugal dwelling for a period of months or has within

the same period to any as to his or her shall

be to have

returning TO to the conjugal dwelling. (167a, 191a)

Art. 129. the of the conjugal partnership regime, the

following shall :

8/7/2019 quizFC 101-150


(1) An shall be , listing all the

properties of the conjugal partnership and the exclusive properties of each spouse.

(2) by the conjugal partnership in payment of

personal debts and obligations of either spouse shall be to the conjugal

partnership as an thereof.

(3) Each spouse shall be for the of his or her

exclusive in the of property or for the value of his or her

exclusive , the ownership of which has been by law in

the conjugal partnership.

(4) The debts and obligations of the conjugal partnership shall be out of

the . In case of of said assets, the

spouses shall be liable for the unpaid balance with their separate

properties, in accordance with the provisions of paragraph (2) of Article 121.

(5) Whatever of the properties of the spouses shall

thereafter be to each of them.

(6) Unless the had been from whatever ,

the or of for the

benefit of the family, belonging to either spouse, even due to event,

shall be to said spouse from the conjugal , if any.

(7) The net of the conjugal partnership properties shall the

profits, which shall be between husband and wife, unless

a different or was agreed upon in the marriage

settlements or unless there has been a waiver or of such

share as provided in this Code.

(8) The presumptive legitimes of the children shall be upon

the in accordance with Article 51.

(9) In the of the properties, the conjugal and

the on which it is shall, unless otherwise agreed

upon by the parties, be to the spouse with whom the of

the common children to . Children the

age of years are deemed to have the ,

unless the court has decided otherwise. In case there is such majority, the

court shall decide, taking into consideration the of

said children. (181a, 182a, 183a, 184a, 185a)

Art. 130. Upon the of the marriage by , the conjugal

partnership property shall be in the same proceeding for the settlement

of the of the .

8/7/2019 quizFC 101-150


If proceeding is ,

the spouse shall the conjugal partnership property either

judicially or or within months from the death of the

deceased spouse. If upon the of the no

liquidation is , any or involving the conjugal

partnership property of the marriage shall be .

Should the spouse contract a marriage without

compliance with the requirements, a of

completennnnnn of property shall the property

relations of the subsequent marriage. (n)

Art. 131. Whenever the of the properties

of or marriages by the person

before the effectivity of this Code is simultaneously, the

respective , and of each partnership shall

be upon such as may be considered according to the rules

of . In case of doubt as to which partnership the properties

belong, the same shall be divided between the different partnerships in to

the and of each. (189a)

Art. 132. The Rules of on the administration of of deceased

persons shall be in the and of property

of the conjugal partnership, and other matters which are not determined

in this Chapter. (187a)

Art. 133. From the of property shall

be to the spouse and to the children the

liquidation of the property and what belongs to them

is ; but from this shall be that amount

receivennnnmmmmd for support which the or rents pertaining

pertaning to them. (188a)

Art. 134. In the absence of an in the marriage settlements,the separation of property between spouses the marriage shall take

place by judicial . Such judicial separation of property may

either be or for . (190a)

Art. 135. Any of the following shall be for

judicial separation of property:

8/7/2019 quizFC 101-150


(1) That the spouse of the petitioner has been to a which

carriessss with it civil interdiction;

(2) That the spouse of the petitioner has been judicially declared an ;

(3) That of authority of the spouse of petitioner

has been by the court;

(4) That the spouse of the petitioner has the latter or to

comply with his or her obligations to the family as provided for in Article 101;

(5) That the spouse the of administration in the

marriage settlements has that ; and

(6) That at the time of the petition, the spouses have been in fact for

at least year and is highly improbable.

In the cases provided for in Numbers (1), (2) and (3), the of the final judgment

against the or spouse shall be enough for

the of the decree of judicial separation of property. (191a)

Art. 136. The spouses may a petition

with the court for the of the absolute community or the

conjugal partnership of gains, and for the of their common properties.

All of the absolute community or of the conjugal partnership of gains, as

well as the creditors of the spouse, shall be in the petition

and of the filing thereof. The shall take to

protect,,,,,,,,,,,,,,, , the creditors and other persons with .

Art. 137. Once the separation of property has been , the absolute community

or the conjugal partnership of gains shall be in with this

Code.

During the pendency of the proceedings for separation of property, the absolute

community or the conjugal partnership shall for the of the

spouses and their children. (192a)

Art. 138. of the absolute community or of the conjugal

partnership, the provisions on separation of property .

Art. 139. The for of and the final

judgment the same shall be in the proper local civil

registries and registries of property. (193a)

8/7/2019 quizFC 101-150


Art. 140. The separation of property shall the rights

previously by .(194a)

Art. 141. The spouses may, in the same proceedings where separation of property was decreed,

file a in court for a the property

regime that between them the separation of property in

any of the following :

(1) When the civil interdiction ;

(2) When the spouse ;

(3) When the court, being that the spouse the power

of administration in the marriage settlements will not that

power, authorizes the of said administration;

(4) When the spouse who has left the conjugal home without a decree of legal

separation common with the other;

(5) When authority is judicially to the spouse

previously thereof;

(6) When the spouses who have in for at least one

year, and common life; or

(7) When after dissolution of the absolute community of property or

conjugal partnership has been judicially decreed upon the petition of

the spouses, they agree to the of the property regime.

No...................... voluntary separation of property may thereafter be .

The of the former property regime shall be by Article 67. (195a)

Art. 142. The of all of exclusive property of either spouse

may be by the court to the other spouse:

(1) When one spouse the of the other;

(2) When one spouse is judicially declared an ;

(3) When one spouse is to a which carries with it civil

interdiction; or

(4) When one spouse a from or is

in as an in a criminal case.

If the other spouse is not by reason of , of

interest,,,,,,,,,,,,,,,,,,,,,, or any other just cause, the court shall appoint a person

8/7/2019 quizFC 101-150


to be the administrator. (n)

Art. 143. Should the spouses in the marriage settlements that

their property relations during marriage shall be by the regime of separation

of property, the provisions of this Chapter shall be . (212a)

Art. 144. Separation of property may refer to or property

or both. It be or . In the latter case, the

property not upon as shall to the absolute

community. (213a)

Art. 145. Each spouse shall , , ,

administer.......... and his or her separate ,

without need of the consent of the other. To each spouse shall belong all from

his or her , or and fruits, natural,

industrial or civil, or during the marriage from his or her

separate property. (214a)

Art. 146. Both spouses shall the family in proportion to their

income, or, in case of or thereof, to the market

value of their separate properties.

The of the spouses to creditors for family expenses shall, however,

be .(215a)

Art. 147. When a man and a woman who are to each other,

live with each other as husband and wife without the of

marriage or under a marriage, their and shall

be by them in equal shares and the property acquired by both of them through

their or shall be governed by the rules on .

In the absence of to the contrary, properties acquired they

lived together shall be to have been by their

joint efforts,,,,,,,,,,,,,,,,, work or industry, and shall be by them in equal shares.For purposes of this Article, a who did not in the acquisition by

the other party of any property shall be to have jointly in

the acquisition thereof if the efforts in the and

maintenance of the family and of the household.

8/7/2019 quizFC 101-150


Neither party can or by acts of

his or her share in the property acquired during and in

common, without the consent of the other, until after the of their

cohabitation.

When only one of the parties to a marriage is in faith,the share of the party in faith in the co-ownership shall be in

favor of their common children. In case of of or by any or

all of the common children or their descendants, each share shall belong to

the respective descendants. In the absence of , such share shall

belong to the party. In all cases, the shall take place upon

termination of the cohabitation. (144a)

Art. 148. In cases of not falling under the preceding Article, only the properties

acquired by both of the parties through their contribution of

money,,,,,,,,, ,, , or shall be by them in

common in proportion to their respective contributions. In the absence of proof to the

contrary, their contributions and corresponding shares are to be .

The same and shall to

depositsA,,,,,,,,,,,,,,, of and of .

If of the parties is married to another, his or her

share in the shall to the absolute community or conjugal

partnership in such valid marriage. If the party who in bad faith

is not married to another, his or her shall be in the manner

provided in the last paragraph of the preceding Article.

The foregoing rules on shall likewise even if both parties

are in faith. (144a)

Art. 149. The , being the of the , is

a which

cherishes and . Consequently, are

governed by and , ,

or of the family shall be or given effect.

Art. 150. Family those:

(1) Between and ;

(2) Between and ;

(3) Among and , whether of the or .

quizfc 101-150

Documents