Article 126. The conjugal partnership terminates 1. Upon the death of either spouse 2. When there is a decree of legal separation 3. When the marriage is annulled or declared void, or 4. In case of judicial separation of property during the marriage under Articles 134 to 138. (175a) According to the conjugal partnership of gains regime , the couple’s properties will be like this: 1. Properties acquired by the husband before he got married shall be exclusively his, the same way that the wife’s will be hers. 2. However, when they get married their exclusive properties shall be joined as part of a one estate within the conjugal property and the “fruits” of those properties shall be shared for the duration of the marriage. In addition, any property acquired during their marriage...
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Showing posts from October, 2019
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RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Article 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. When wife may establish separate dwelling · The husband is immoderate or barbaric in his demands for sexual intercourse. · Gross insult made upon her by the husband · He maltreats her Living together, a personal act. A wife cannot be compelled to go back if she refuses to live with her husband because the act of living together is a personal act and it is not demandable by a court of action. The husband and wife can only be fulfilled the duty of living together if they are physically together. A wife cannot be compelled by her husband to return to their common home using mandatory injunction. CASE: G.R. No. L-17014 August 11, 1921...
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Substitute and Special Parental Authority Article 216. In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in order indicated: 1. The surviving grandparent, as provided in Art. 214; 2. The oldest brother and sister, over twenty-one years of age, unless unfit or disqualified; and 3. The child’s actual custodian, over twenty-one years of age, unless unfit or disqualified. Whenever the appointment of a judicial guardian over the property of the child becomes necessary, the same order of preference shall be observed. (39a,351a,354a) Rules: 1. The Law states that the surviving grandparents are preferred over all other persons. 2. The custody of a child may be awarded to strangers as provided by law. In certain...