Book 1:

Title VI. – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

CHAPTER 6 > SYSTEM OF ABSOLUTE COMMUNITY (n)

Art. 198. In case the future spouses agree in the marriage settlements that the system of absolute community shall govern their property relations during marriage, the following provisions shall be of supplementary application.

Art. 199. In the absence of stipulation to the contrary, the community shall consist of all present and future property of the spouses not excepted by law.

Art. 200. Neither spouse may renounce any inheritance without the consent of the other. In case of conflict, the court shall decide the question, after consulting the family council, if there is any.

Art. 201. The following shall be excluded from the community:

(1) Property acquired by gratuitous title by either spouse, when it is provided by the donor or testator that it shall not become a part of the community;

(2) Property inherited by either husband or wife through the death of a child by a former marriage, there being brothers or sisters of the full blood of the deceased child;

(3) A portion of the property of either spouse equivalent to the presumptive legitime of the children by a former marriage;

(4) Personal belongings of either spouse.

However, all the fruits and income of the foregoing classes of property shall be included in the community.

Art. 202. Ante-nuptial debts of either spouse shall not be paid from the community, unless the same have redounded to the benefit of the family.

Art. 203. Debts contracted by both spouses or by one of them with the consent of the other shall be paid from the community. If the common property is insufficient to cover common debts, the same may be enforced against the separate property of the spouses, who shall be equally liable.

Art. 204. Debts contracted by either spouse without the consent of the other shall be chargeable against the community to the extent that the family may have been benefited thereby.

Art. 205. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement.

Art. 206. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. In case of disagreement, the courts shall settle the difficulty.

Art. 207. Neither spouse may alienate or encumber any common property without the consent of the other. In case of unjustifiable refusal by the other spouse, the courts may grant the necessary consent.

Art. 208. The absolute community of property shall be dissolved on any of the grounds specified in Article 175.

Art. 209. When there is a separation in fact between husband and wife, without judicial approval, the provisions of Article 178 shall apply.

Art. 210. Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their heirs. In case of legal separation or annulment of marriage, the provisions of Articles 176 and 177 shall apply to the net profits acquired during the marriage.

Art. 211. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons.

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