Art.179, Sec.7, Chapter 4 of the Civil Code of the Phils.

Main Topic: Liquidation of the Conjugal Partnership

Sub. Topic: Chapter 4 Conjugal Partnership of Gains

Art. 179. Upon the dissolution of the conjugal partnership, an inventory shall be formed, but such inventory shall not be necessary:

(1) If, after the dissolution of the partnership, one of the spouses should have renounced its effects and consequences in due time; or

 (2) When separation of property has preceded the dissolution of the partnership.

Discussion/Explanations:

        

      This article tells that upon the dissolution or disintegration of conjugal partnership, it is needed that all assets should be known or inventoried. The conjugal partnership will be terminates upon the death of either spouse, when there is a decree of legal separation, when the marriage is annulled or declared void, or in case of judicial separation of property during the marriage settlement. Liquidation of properties is base on the agreement of the couple they settled before their marriage.

         In such example of settlement of conjugal estate it will be when the marriage is dissolved by the death of the husband or wife, the community property shall be inventoried, administered, and liquidation, and the debts thereof paid, in the testate or intestate proceedings of the deceased spouse. But if both spouses have died, the conjugal partnership shall be liquidated in the testate or intestate proceeding of either.

       Some instances that shall not be necessary in such inventory of conjugal partnership are if one of the spouses should have renounced its effects and consequences in due time, and when separation of property has preceded the dissolution of the partnership. It just one thing that it may be one of them will disown the consequences upon the inventories for just making sure and valuing on  what property they have, before he/she married. Otherwise, if they already settle it upon separation of property or getting their own share before they marrying each other  and now after a year of living with  each other, if they decide to null their marriage or within the death on spouse, they already made an agreement. They just protecting the property on what they should have and fighting their rights in each conjugal estate.

Art.180, Sec.7, Chapter 4 of the Civil Code of the Phils.

 Main Topic: Liquidation of the Conjugal Partnership

Sub. Topic: Chapter 4 Conjugal Partnership of Gains

Art. 180. The bed and bedding which the spouses ordinarily use shall not be included in the inventory. These effects, as well as the clothing for their ordinary use, shall be delivered to the surviving spouse.  


Discussion/Explanations:

             When we say the words “ordinarily use” we are referring to those personal use or daily use in living. In this article ordinarily use by the spouse such as clothes, bed  and beddings that an surviving spouse usually use together with his/her deceased spouse we’re not be included in the inventory. It shows the respect upon the deceased spouse and being or serves as his/her memories.

            It is also vested to this article that the inheritance does not include everything that belongs to the deceased at the time of his/her death. It is limited to his property, rights, and obligations not extinguished by his/her death. In addition, however, to the transmissible rights and obligations existing at the time of the decedent’s death, all property accruing thereto from that time will pertain to the heir.

Art.181, Sec.7, Chapter 4 of the Civil Code of the Phils.

Main Topic: Liquidation of the Conjugal Partnership

Sub. Topic: Chapter 4 Conjugal Partnership of Gains

Art. 181. The inventory having been completed, the paraphernal property shall first be paid. Then, the debts and charges against the conjugal partnership shall be paid.


Discussion/Explanations:

         By this article if the inventory will be already completed, the first should be paid is the paraphernal property. The paraphernal property is the property owned before he/she get married. Because it is used to designate those properties which form no part of the property a bride bring to her husband.

           

The debts and charges against the conjugal partnership shall be paid as part of the inheritance, as the provisions of the rules of court on the settlement of the estates of deceased persons but should not be overlooked. The heirs of the deceased are no longer liable for the debts he/she may leave at the time of his death. Because such debts are chargeable against the property or assets left by the deceased.

 The property of the deceased may always  be subjected to the payment of his/her debts in whatever hands it may be found, inasmuch as the   right of a creditor to alien upon such property, created by the mere fact of the debtor’s death, may be said to be recognized by the provisions of the  Rules of Court.

Art.182, Sec.7, Chapter 4 of the Civil Code of the Phils.

Main Topic: Liquidation of the Conjugal Partnership

Sub. Topic: Chapter 4 Conjugal Partnership of Gains

Art. 182. The debts, charges and obligations of the conjugal partnership having been paid; the capital of the husband shall be liquidated and paid to the amount of the property inventoried.  


Discussion/Explainations: 

            In this article if all the debts, charges an obligations of the conjugal partnership had been already paid, the capital of the husband shall be liquidated. Which is all of the credits among the creditors are be paid by selling off assets that he has. While any of the remaining money will be distributed to all his heirs as their share.

Art.183, Sec.7, Chapter 4 of the Civil Code of the Phils.

Main Topic: Liquidation of the Conjugal Partnership

Sub. Topic: Chapter 4 Conjugal Partnership of Gains


Art. 183. The deductions from the inventoried property having been made as provided in the two preceding articles, the remainder of said property shall constitute the credit of the conjugal partnership.