ABSOLUTE COMMUNITY SIMILARITIES CONJUGAL PARTNERSHIP OF

PROPERTY GAINS

Articles 88- 104 Article 105- 133

 Art. 88, 89 and 107 Article 105- starting provision

Art 88- Starting provision are applicable to
Article 89 – No waiver of Rights both property Art 108. – governed by the rules on the
allowed unless there is a judicial regimes contract of partnership
declaration
Article 90 – CO -OWNERSHIP
will be suppletory
Art. 93- Presumption of all
properties except mentioned in Art
92.
Art. 95 – Gambling

Administration of the ACOP: Administration of the ACOP Administration of CPOG :

& CPOG
Art 96 and 124:
 2 kinds of diligence when buying
Gen. rule: Administration properties from a CPOG:
and Enjoyment shall both
belong to the spouses: 1. Verify the validity of the sale
Exception: In case of 2. Verify the authority of the
disagreement Husband’s spouse selling the property.
decision shall prevail but
subject to recourse by the Art. 110 - Spouses may transfer
wife; administration of their EXCLUSIVE
PROPERTIES to 3rd persons through
Gen. Rule: In case of public instruments
incapacity , sole powers of Art. 111- Spouses may encumber their
administration may be given exclusive property without the
to the other spouse consent of the other spouse
Exception: to dispose or Art. 112 –
encumber properties there Art. 113-
must be: Art. 114-
1. a WRITTEN CONSENT Art. 118-
from the other spouse
2. Authorization from the
court

EXCEPTION TO THE
EXCEPTION:

Contract may be perfected

and binding of the other
spouse gave consent before
the withdrawn of the
contract.
 Not applicable to the
regime of complete
separation

Art. 97
Art. 98- Moderate donations only

a.
 Art. 100 & Art. 127
EFFECTS OF
b. SEPARATION IN FACT:

What constitutes the What constitutes the PROPERTIES?

PROPERTIES? 1. Deserter no right to
support BUT still Art. 106- ONLY COMMON FUNDS
Art. 91- ALL PROPERTIES have to support the ETC. ARE CONJUGAL
owned by the spouses form part of spouse and children
the community property 2. Judicial Art. 117:
Authorization
3. Support of the family 1. Onerous title
Art. 92 – Excluded from ACOP: 4. Does not affect 2. Income from work, business
ACOP etc.
c. Gratuitous title (except 3. Fruits of the exclusive
when expressly provided property of the spouse
by the donor) 4. Treasure
d. Personal properties 5. Livestock
(except for jewelries)
e. Ante-Nuptial properties
Article 109- Excluded from CPOG:

a. Brought to the marriage as his

or her own
Art. 101 & 128 - Aggrieved b. Gratuitous title
spouse may petition
c. Right of redemption, barter,
exchange w/ property
belonging to 1 of the spouses.
d. Purchased with exclusive
money

What are the liabilities of ACOP? What are the liabilities of What are the liabilities of CPOG?
ACOP & CPOG?
Art 94 Art 121
Art. 94 and 121 (similarities)
 Par (5) – All taxes and  Par (5)- All taxes and
expenses for mere expenses for mere
 preservation made during 1. Support of Spouses preservation made during the
the marriage upon the and Common marriage upon the separate
separate property of children property of EITHER
EITHER SPOUSE USED 2. Debts and SPOUSE
BY THE FAMILY Obligations:
3. Redounded to the  Par (7)
 Par (9) family
4. Benefit of the
community
5. Both spouses
6. By one spouse
WITH the consent of
the other
7. Major and Minor
repairs of the
properties
8. Preservation of the
properties
9. Expenses for the
spouses and
common children for
the commencing and
or completing a
professional or
vocational course
10. Ante-Nuptial Debts
11. Expenses and
Litigations—unless
groundless

EFFECTS OF DISSOLUTION Dissolution of the property EFFECTS OF DISSOLUTION

WITH ACOP: regimes WITH CPOG:
Art. 99 and 126:
Art. 103, 63, 43 in relation to 50,  Death of either
135, 136-138 spouse
 Decree of Legal
separation
 Annulled or
Declared void
 Judicial separation
of property under Art
134 to 138