Section 6 - Conjugal

8/10/2019 Section 6 - Conjugal

http://slidepdf.com/reader/full/section-6-conjugal 1/18

Section 6 ARTICLES 126-128



When does the

conjugalpartnershipterminate? ARTICLE 126



Upon the death of either spous Civil personality is terminated by death.



When there is a decree of legaseparation.

Offending Spouse (Art. 43, (2))

Reconciliation



When the marriage is annulleddeclared void.

Either of the spouse acted in bad faith.

Common Children

Children of the guilty spouse by previous marriage

Innocent spouse

Reconciliation



In case of judicial separation o

propertyduring the marriage. Voluntary

Involuntary

Sufficient Causes (Art. 135)• Sentenced to a penalty of civil interdiction

• Judicially declared an absentee

• Loss of parental authority

• Abandonment or Failure to comply with obligations

• Abuse the power of administration

• Separated in fact for at least one year



Upon liquidation after affidavitreappearance.

Art. 41, when the reappearing spouse or concerned pefiles an affidavit of reappearance to terminate the subsmarriage.



In sum, it 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.



Does the separation

fact between thespouses affect theconjugal partnershipARTICLE 127



NO. These are the effects:The spouse who leaves the conjugal home or refuses to live therein,

just cause, shall not have the right to be supported.

Brad & Angelina are married and have 2 children.

Brad, left without just cause or in bad faith.

Brad = No Support from the Conjugal Property.

Fault must be proven.



When the consent of one spouse to any transaction of the other is by law, judicial authorization shall be obtained in a summary procee

Mickey & Minnie are married and have 2 children.

Mickey, left without just cause or in bad faith.

Mickey, in order to pay for the matriculations.

Money = Sell car which belongs to the conjugal property.

Mickey, can seek judicial authorization if Minnie did not give co



Solidary liability and Administration of separate property.

Heart & Chiz are jointly responsible for the support.

Conjugal Properties

Income or fruits of the Separate properties

Separate properties



◦ The Spouse present, through judicial authority to administer any sproperty of the other spouse and use the fruits or proceeds theresatisfy the latter’s share.

Limited to: enable the present spouse to satisfy the other spouse’

the obligation used to support the family.



In sum, the Effects of separationfact:(1) The spouse who leaves the conjugal home or refuses to live therei

just cause, shall not have the right to be supported;

(2) When the consent of one spouse to any transaction of the other isby law, judicial authorization shall be obtained in a summary proceed

(3) In the absence of sufficient conjugal partnership property, the sepproperty of both spouses shall be solidarily liable for the support of th

The spouse present shall, upon petition in a summary proceeding, be judicial authority to administer or encumber any specific separate prothe other spouse and use the fruits or proceeds thereof to satisfy the share.



What is the rule if spouse abandonsthe other? ARTICLE 128



AbandonmentWhen he or she has left the conjugal dwelling without intention of re

Presumption = period of three months or has failed within the same pgive any information as to his or her whereabouts = shall be prima facpresumed to have no intention of returning to the conjugal dwelling.

Must not only be physical estrangement, must also amount to financmoral desertion.



Failure to comply with familyobligations.

Obligations:

◦ Marital, Paternal or Property Relationships

Example:

Negligence or inefficacy is so gross that it is likewise constantly done, without animprove.



The aggrieved spouse may petition the court for: receivership;

judicial separation of property;

authority to be the sole administrator of the conjugal partnershipof gains

Subject to such precautionary conditions as the court may impose.

Documents

Section 6 - Conjugal