Documentos de Académico
Documentos de Profesional
Documentos de Cultura
the
intendment
Remedies available:
GEN RULE: it is
(CONTINUATION...)
of
the
law
Reason for rule: if the spouse asks for damages and court
affords, it a charge against conjugal property
2. isolated transaction
AYALA v. CA and spouses CHING
Husband
VP
of
a
company
executed
surityagreement (RECORDING HERE PLEASE!!)
PROPERTY RELATIONS
May be governed by:
1. Marriage settlement
Is essentailly a contract between the would-be spouses
entered into before celebration of marriage. Terms and
conditions will include the specifics of kind of property
regimes that would govern their properties. Signed by
the would=be spouses, signed before marriage, any
modification be done before celebration of marriage
only
DONATION BY REASON OF MARRIAGE
2 kinds:
a. By
reason
of
marriagedonation
whose
considerration is marriage.
Kinds:
1. By other party to either or both spouse
RULES:
A. Can only be done separately through a
separate deed of donation
B. Does not entail execution of marriage
settlement
C. Does noot depend on kind of property regime
that may govern property relation between
spouses.
D. Not governed by more than 1/5 limitation
BUT governed by limitation on Civil Code on
succession: a person must not donate all his
property, and leave some for his own support
Court
action
is
necessary
for
recovery of the
donated property.
o Personal- 8 years
from the time the
decision
became
final
o Real property- 30
years
from
the
time the decision
became final
If the marriage is void under
Article 44, contemplates of a
situation when the parties in the
marriage acted in bad faith.
VOID by reason of law
Marriage is declared void for
being BIGAMOUS. VOID under
article 739 of the civil code
- When the marriage takes place without
parental consent (when required)
- When the marriage is declared annulled
under article 45; Article 86 states that
donation by reason of marriage will be
revocable if the donee acted in bad faith.
2 conflicting laws (Not stated by the supreme court in
a concrete case)
o Article 86- for reason that it is the later law
o Article 43- consistent with the rule that the
guilty spouse should be punished
- When there is decree of separation
- When the donation by reason of marriage is with resolutory
condition and is complied
- When the donee is guilty of acts of ingratitude
o Act
o
Exception:
Contractual exclusions
Statutory exclusions
Property acquired during
marriage by gratituous
title (e.g. donations,
inheritance), and fruits
thereof; vs. Honorius (eg.
Acquired by purchase)
Property for the exclusive
or personal use of either
spouse
Kinds of Grat.properties
Civil fruits- Rents
Industrial fruits- improvement
Natural fruit- Chicken: Dung- Piglet is to ANAY
Property acquired through crime
-