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Sunday, September 18, 2011

Art.184, 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. 184. The loss or deterioration of the movables belonging to either spouse, although through fortuitous event, shall be paid from the conjugal partnership of gains, should there be any.
         
              Those suffered by real property shall not be reimbursable in any case, except those on paraphernal property administered by the husband, when the losses were due to his fault. He shall pay for the same.


Discussion/Explanations:

              The above article when we note the words "loss or deterioration", it  is mean act of losing or impairment for the benefit that should be use of the family. This would not be happened unless the owner had been indemnified  or secure against loss from whatever source that has.

               if the payments from conjugal funds is being available, it shall be made even if the loss is through a fortuitous event or happened by a chances, the overriding consideration being the benefit afforded the family by the use of the movable belonging exclusively to either spouse.







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