System of Absolute Community (Part 4, Articles 99 to 101)

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Section 5. Dissolution of Absolute Community Regime

Art. 99. The absolute community terminates:

(1) Upon the of either spouse;

(2) When there is a decree of ;

(3) When the marriage is ; or

(4) In case of during the marriage under Articles 134 to 138.

Art. 100. The between husband and wife shall not affect the regime of absolute community except that:

(1) The spouse who or refuses to live therein, without just cause, shall not have the ;

(2) When the to any transaction of the other is required by law, shall be obtained in a summary proceeding;

(3) In the absence of , the separate property of both spouses shall be for the support of the family. The spouse present shall, upon proper petition in a summary proceeding, be given judicial authority to any specific separate property of the and use the fruits or proceeds thereof to satisfy the latter's share.

Art. 101. If a spouse abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for , for judicial separation of property or for authority to be the of the absolute community, subject to such as the court may impose.

The obligations to the family mentioned in the preceding paragraph refer to .

A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling . The spouse who has left the conjugal dwelling for a period of or has failed within the same period to give shall be prima facie presumed to have no intention of returning to the .

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