ARTICLE 118-120



ARTICLE118
        Properly 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 conjugal partnership if such ownership was vested during the marriage. In either case, any amount advanced by the partnership or by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partners.

EXPLANATION:
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. In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.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.
                                                            
ARTICLE 119
Whenever an amount or credit payable within a period of time belong to the one of spouses, the sums which may be collected during marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. However the interests falling due during marriage on the principal shall being to the conjugal partnership. (156a-157 a)
EXPLANATION: The property which the spouses possess on the day of their marriage, or which they acquire after marriage by succession of donation, will remain their personal property yet the said interest with the respect of the capital, the same is exclusive property, because that is considered as exclusive property of each spouse
ARTICLE 120
         The ownership of improvements, whether for utility or adornment, made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership, or to the original owner-spouse, subject to the rule.


EXPLANATION:The Family Code contains provisions recognizing the equality of men and women before the law. ArticleS of the Family Code confers all persons "full capacity to exercise their civil rights.
Marriage also affects the pecuniary relationship of the spouses. In discussing the pecuniary relationship of spouses, one major question which needs to be answered is ‘who owns the family property?’ There are several reasons as to why it is important to know who owns a particular piece of property in the marriage, some of which includes the ownership vested during the marriage.
Hence, the property which the spouses possess on the day of their marriage, or which they acquire after marriage by succession of donation, will remain their personal property.In principle properties acquired by onerous title after marriage through the exchange of personal property will remain to be personal property of the spouses.In addition, if the spouses get property through either succession or donation, then that property will remain to be the personal property of the successor .


Mga Komento

Mag-post ng isang Komento

Mga sikat na post sa blog na ito

Gelano vs. Court of Appeals [GR L-39050, 24 February 1981Case digest article 88

Gelano vs CA Case Digest ] Facts:  Insular Sawmill, Inc. (ISI) is a corporation organized on 17 September 1945 with a corporate life of 50 years, or up to 17 September 1995, with the primary purpose of carrying on a general lumber and sawmill business. To carry on this business, ISI leased the paraphernal property of Carlos Gelano's wife Guillermina Mendoza-Gelano at the corner of Canonigo and Otis, Paco, Manila for P1,200.00 a month. It was while ISI was leasing the aforesaid property that its officers and directors had come to know Carlos Gelano who received from the corporation cash advances on account of rentals to be paid by the corporation on the land. Between 19 November 1947 to 26 December 1950 Carlos Gelano obtained from ISI cash advances of P25,950.00. The said sum was taken and received by Carlos Gelano on the agreement that ISI could deduct the same from the monthly rentals of the leased premises until said cash advances are fully paid. Out of the a...
Magbasa nang higit pa

marriage and cases

Title I MARRIAGE Chapter I Requisites of Marriage             Article I.  Marriage is a special contract of permanent between a man and a woman entered into in accordance with law for the establishment of conjugal and family life,  it is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except the marriage settlements may fix the property relations during the marriage within the limits provided by this code. (52a) Concept of Marriage.             As a status, it is the civil status of one man and one woman legally united for life, with rights and duties which for the establishment of families and multiplication and education of the species are, or from time to time, may thereafter be assigned by law to matrimony ( bishop, marriage, d...
Magbasa nang higit pa
INTERPRETARE ET CONCORDARE LEGES LEGIBUS EST OPTIMUS INTERPRETANDI MODUS Meaning: To understand and harmonize laws is the best method of interpretation.               To interpret and reconcile    laws is the best manner of construing them.    
Magbasa nang higit pa