System of Absolute Community (Part 1, Articles 88 to 93)

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Section 1. General Provisions

Art. 88. The absolute community of property between spouses shall commence at the . Any stipulation, express or implied, for the commencement of the community regime at any other time shall be .

Art. 89. No , shares and effects of the absolute community of property during the marriage can be made except in case of .

When the waiver takes place upon a judicial separation of property, or after the marriage has been , the same shall appear in a public instrument and shall be recorded as provided in Article 77. The of the spouse who made such waiver may petition the court to to the extent of the amount sufficient to cover the amount of their credits.

Art. 90. The provisions on shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter.

Section 2. What Constitutes Community Property

Art. 91. Unless otherwise provided in this Chapter or in the marriage settlements, the community property shall consist of the property owned by the spouses at the or acquired thereafter.

Art. 92. The following shall be from the community property:

(1) Property acquired during the marriage by by either spouse, and the fruits as well as the income thereof, if any, unless it is by the donor, testator or grantor that they shall form part of the community property;

(2) Property for of either spouse. However, shall form part of the community property;

(3) Property acquired by either spouse who has by a former marriage, and the fruits as well as the income, if any, of such property.

Art. 93. Property acquired is presumed to belong to the , unless it is proved that it is one of those excluded therefrom.

Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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