their common legitimate children for the exclusive purpose of commencing or

Their common legitimate children for the exclusive

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their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement. (Art. 121(8), FC) Following the provisions of the Civil Code, the wife is incapable of giving consent to a contract, and thus, if she disposes the a property of the conjugal property, the disposition is voidable. This contract may only be annulled by the husband during the marriage. (Felipe v. Heirs of Aldon) (Cheeseman v. IAC) (Frenzel v. Catito) Before the effectivity of the Family Code, if the husband disposes the property of the conjugal partnership, the disposition is voidable. But if the disposition happened after the effectivity of the Family Code, the disposition is void. (Ayuste v. CA) The annulment may only be brought by the offended spouse because if he does not question the disposition then it would be deemed that the consented. (Villaranda v. Spouses Villaranda) The consent of the wife was given orally and thus can only be questioned within 6 years (prescription period for contracts violating the statutes of fraud) and not 10 years (prescription period to question the disposition of the conjugal property under the Civil Code). (Ainza v. CA) (Alinas v. Alinas) PERSONS AND FAMILY RELATIONS – Legarda/Mawis By RRE, DLSU College of Law, 2010 16
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(Siochi v. Gozon) Administration, Encumbrance/Disposition of Exclusive Property By the Spouse-Owner The spouses retain the ownership, possession, administration and enjoyment of their exclusive properties. (Art. 110(1), FC) By the Other Spouse 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. 110(2), FC) The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; (2) When one spouse is judicially declared an absentee; (3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator. (Art. 142, FC) The future spouses may, in the marriage settlements, agree upon the regime of absolute community, conjugal partnership of gains, complete separation of property, or any other regime. In the absence of a marriage settlement, or when the regime agreed upon is void, the system of absolute community of property as established in this Code shall govern. (Art. 75, FC) (Veloso v. Martinez) (Manotok Realty v. CA) (Ong v. CA) Disposition and Encumbrance 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. 111, FC)
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