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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. Art. 105 (2) speaks of its retroactivity. Q:What constitutes the CPG? A: It is in Art. 106. All the net profits of their separate properties plus all derived from their labor and industry. Art. 106.Under the regime of conjugal partnership of gains, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlements. SECTION 2. Exclusive Property of Each Spouse Art. 109.The following shall be the exclusive property of each spouse: (1)That which is brought to the marriage as his or her own; (2)That which each acquires during the marriage by gratuitous title; (3)That which is acquired by right of redemption, by barter or by exchange with property belonging to only one of the spouses; and (4)That which is purchased with exclusive money of the wife or of the husband. 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. 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 actually is an exemption to the rule that there can be no advances that shall be made by the CPG unless it is shown that all the responsibilities mentioned in Art. 121 had been fully satisfied. This would refer to donations that are onerous in nature. So this is one of the exceptions where the CPG may be used to advance. 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. SECTION 3
TRANSCRIBED BY:Abad | Amparo | Candolita | Confesor | Estillore | Lavares | Licayan | Mortejo | Resurreccion G. | Resurreccion Q.|68PERSONS AND FAMILY RELATIONS Review – First Exam Coverage| 1stSemester S.Y.