Property Relations Between Husband and Wife Flashcards
What shall govern the property relations between the husband and wife?
Article 74 Family Code: The property relations between husband and wife shall be governed in the following order:
- By marriage settlements executed before the marriage;
- By the provisions of this Code; and
- By the local customs.
When may marriage settlements be executed?
Marriage settlements and any modification thereof shall be made before the marriage
Under Art 77 marriage settlements and any modification thereof shall be in writing, signed by the parties and executed before the celebration of the marriage.
Under Art 76, in order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage.
Requisites for the validity of a marriage settlement:
The requisites for the validity of a marriage settlement, or any modification thereof, are: 1. Executed before the marriage 2. Signed by the parties 3. Made in writing (Article 76 and 77 FC)
What are the property regimes that the contracting spouses agree upon in marriage settlements?
Under Art 75 FC future spouses may agree upon the following in marriage settlements:
- Absolute community;
- Conjugal partnership of gains;
- Complete separation of property; or
- Any other regime
What shall be the property regime between the parties in the absence of a marriage settlement?
Under Art 75 of the Family Code, in the absence of a marriage settlement, the system of absolute community of property shall govern.
What shall be the property regime when the marriage settlement executed by the parties is void?
Under Art 75, in case the marriage settlement is void, the system of absolute community of property shall govern.
What does the Family Code refer to when it speaks of minors who may contract marriage?
The minors referred to by the Family Code when it speaks of minors who may contract marriage are minors with the age of at least 18 but below 21. At the time when the Family Code was promulgated on August 3, 1988, the age of majority was still 21 years old. In December 13, 1989, R.A. 6809 took effect, An Act Lowering the Age of Majority from Twenty-One to Eighteen.
When shall a marriage contract executed by the minor (18=
Under Article 78 in relation to Article 14 of the Family Code, Marriage settlements executed by minors who according to law may contract marriage shall only be valid when the following are made parties to the contract:
- Father
- Mother
- Surviving parent or guardian; or
- Persons having legal charge of them.
When shall a marriage settlement executed by a person whom a civil interdiction was pronounced or who is subject to any other disability be valid?
Guardian appointed by a competent court is made party thereto.
Under Article 79 in order for a marriage settlement executed by a person whom a civil interdiction was pronounced or who is subject to any other disability shall be valid when the guardian appointed by a competent court is made a party in the marriage settlement.
When shall Philippine laws not apply to the property relations of the spouses?
Art 80 provides that in the absence of a contrary stipulation in a marriage settlement, the property relations of the spouses shall be governed by Philippine laws, regardless of the place of the celebration of the marriage and their residence.
This rule shall not apply:
- When both spouses are aliens; (**Article 15 NCC may not be related because property law is not covered under nationality principle)
- With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located; and (note this is lex loci celebrationis) (see Article 17 NCC)
- With respect to the extrinsic validity of contracts entered into the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. (note this is lex rei sitae) (see Article 16 NCC)
What laws are covered under the nationality principle?
Under Article 15 of the Civil Code the nationality principle covers laws relating to the following:
- Family rights and duties;
- Status;
- Condition or legal capacity of persons
Article 15 NCC:
Art 15 NCC: Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.
What shall happen to the marriage settlement if the marriage does not push through?
As a general rule, under Art 81 of the Family Code, marriage settlements shall be void or any contracts in consideration of a future of marriage shall be void if the marriage does not take place.
However, as an exception, the same provision provides that stipulations that do not depend upon the celebration of a marriage shall be valid.
What are donations by reason of marriage?
Under Article 82 of the Family Code: Donations by reason of marriage are those:
- Made before the celebration of marriage
- In consideration of marriage
- In favor of one or both of the future spouses
What law governs donations by reason of marriage?
Under Article 83 the law that governs donations by reason of marriage is Title III of Book III of the Civil Code, insofar as they are not modified by the following articles.
What is the maximum limit for donations between future spouses who agree upon a property regime that is not the absolute community of property?
One-fifth of their personal property.
Under Article 84, the future spouses cannot donate to each other in their marriage settlements more than one-fifth of their present property when they agree upon a property regime that is not the absolute community of property. The excess shall be considered void.
What law shall govern the donations of future property between the future spouses?
Under Article 84, donations of future property shall be governed by the provisions on the testamentary succession and the formalities of the wills.
Shall donations by reason of marriage of properties subject to encumbrances be valid?
Yes, donations by reason of marriage of properties subject to encumbrances shall be valid, as provided by Article 85 of the Family Code.
However, it shall have different effects on the following circumstances of foreclosure:
- Property is sold for less than the debt which it secures: the donee shall not be liable for the deficiency.
- Property is sold for more the value of the debt which it secures: the donee shall be entitled to the excess.
When may the donation by reason of marriage be revoked?
Under Art 86 FC, donations by reason of marriage may be revoked on the ff grounds:
- Marriage is not celebrate (except those covered under Art 81);
- When the marriage takes place without the consent of the parents or guardian, as required by law;
- When the marriage is annulled and the donee acted in bad faith;
- Upon legal separation, the donee being the guilty spouse;
- If there is a resolutory condition which is complied with
- When the donee has committed an act of ingratitude as specified in the Civil Code on donations in general (see Article 765 Civil Code).
Can spouses donate to each other?
No, spouses cannot donate to each other except for moderate gifts during special occasions. (Art. 87 FC)
When shall the absolute community of property commence?
The absolute community of property between the spouses shall commence at the precise moment that the marriage is celebrated (Article 88, FC)
The absolute community of property between the spouses shall commence at the precise moment that the marriage is celebrated (Article 88, FC)
No, future spouses cannot provide that the absolute community property shall begin at another time. Under Article 88 of the Family Code, Any stipulation, express or implied, for the commencement of the community regime at any other time shall be void.
Can a spouse waive his or her interest in the absolute community of property?
No, a spouse cannot waive his or her interest in the absolute community of property. Under Article 89 of the Family Code, “No waiver of rights, interests, shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.”
When can a spouse waive his or her right to the absolute community of property?
Under Article 89 of the Family Code, a spouse may waive his or her right, interest, shares and effects of the absolute community of property in case of judicial separation of property.
