table 3rd exam.docx - 1 Relevant Info Commencement of Regimes Prohibition of waiver of rights during marriage What constitutes the property ACOP(88-104

table 3rd exam.docx - 1 Relevant Info Commencement of...

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1 ACOP (88-104) CPOG (105-133) Relevant Info Default property regime under the Family Code Nature is that of co-ownership Default property regime under the New Civil Code Nature is that of a partnership Commencement of Regimes Article 88 and 107. The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void. Prohibition of waiver of rights during marriage Article 89 and 107. No waiver of rights, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. What constitutes the property Article 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. Article 93. Property acquired during the marriage is presumed to belong to the community, unless it is proved that it is one of those excluded therefrom. Article 95. Whatever may be lost during the marriage in any game of chance, 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 community but any winnings therefrom shall form part of the community property. Article 106. The husband and wife place in a common fund: The proceeds, products, fruits and income from their separate properties Those acquired by either or both spouses through their efforts or by chance Article 116 . All property acquired during the marriage is presumed to be conjugal unless the contrary is proved. Article 117 . The following are conjugal partnership properties: 1. Those acquired by onerous title during the marriage at the expense of the common fund 2. Those obtained from the labor, industry, work or profession of either or both of the spouses; 3. The fruits from the common property, as well as the net fruits from the exclusive property of each spouse; 4. Share from hidden treasure 5. Those acquired through occupation such as fishing or hunting; 6. Livestock 7. Acquired by chance Article 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. Art. 119. Whenever an amount or credit payable within a period of time belongs to one of the spouses, the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. However, interests falling due during the marriage on the principal shall belong to the conjugal partnership.
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