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  • Persons & Family Relations Property Table

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    Barbara Mae
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    The document summarizes and compares two types of property regimes in marriage: absolute community and conjugal partnership of gains. Under absolute community, all properties owned before or acquired after marriage are placed in a common fund jointly owned. Under conjugal partnership of gains, only properties acquired through the efforts or work of either spouse during marriage are placed in a common fund to be divided equally upon dissolution, while separate properties brought into the marriage or acquired through succession remain separate. Both regimes can be waived or modified through a prenuptial agreement except in cases like judicial separation of property.

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    The document summarizes and compares two types of property regimes in marriage: absolute community and conjugal partnership of gains. Under absolute community, all properties owned before or acquired after marriage are placed in a common fund jointly owned. Under conjugal partnership of gains, only properties acquired through the efforts or work of either spouse during marriage are placed in a common fund to be divided equally upon dissolution, while separate properties brought into the marriage or acquired through succession remain separate. Both regimes can be waived or modified through a prenuptial agreement except in cases like judicial separation of property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Scarica in formato DOC, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    81 visualizzazioni1 pagina

    Persons & Family Relations Property Table

    Caricato da

    Barbara Mae
    The document summarizes and compares two types of property regimes in marriage: absolute community and conjugal partnership of gains. Under absolute community, all properties owned before or acquired after marriage are placed in a common fund jointly owned. Under conjugal partnership of gains, only properties acquired through the efforts or work of either spouse during marriage are placed in a common fund to be divided equally upon dissolution, while separate properties brought into the marriage or acquired through succession remain separate. Both regimes can be waived or modified through a prenuptial agreement except in cases like judicial separation of property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Scarica in formato DOC, PDF, TXT o leggi online su Scribd
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    di 1

    Property ABSOLUTE COMMUNITY CONJUGAL PARTNERSHIP OF GAINS

    WHEN - commence at the precise moment - precise moment (hour)


    applicable marriage is celebrated
    - upon dissolution: net gains or benefits shall be
    divided equally
    PROPERTIES - all properties owned before and those - placed in a common fund the proceeds,
    covered acquired after products, fruits and income from separate
    properties (work or industry- paraphernal
    properties)

    - - acquired through their efforts, chance

    a. acquired by onerous title at the expense


    of common fund
    b. obtained from labor, industry, work,
    profession
    c. the fruits received from common
    property
    d. net fruits from exclusive property
    e. hidden treasure
    f. through occupation such as hunting/
    fishing, livestock and chance
    Separate a. acquired during by gratuitous a. brought to marriage as his or her own
    Properties title, fruits and income - not merger of properties
    (Properties - should be valid - pay for personal debts
    EXCLUDED) b. property for personal and b. acquired during marriage by gratuitous
    exclusive use except jewelry title
    c. acquired before by spouse who - acquired by way of succession
    has legitimate descendants c. acquired by right of redemption (spouse
    (grandchildren, great-grand) who has right to redeem), by barter,
    d. properties excluded from the exchange
    marriage settlement d. purchased with exclusive money
    WAIVER of - no waiver made except in case of - no waiver to avoid pressure or influence
    rights judicial separation of property
    RULED by - Co-ownership - contract of partnership
    - no accretion
    - presumption of conjugality

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