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Sunday, September 18, 2011

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.

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