Artwork. 103. On the termination of the wedding by Demise, the Group assets shall be liquidated in a similar continuing to the settlement with the estate in the deceased. If no judicial settlement continuing is instituted, the surviving spouse shall liquidate the Group residence possibly judicially or excess-judicially within six months through the Dying of your deceased partner.
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Artwork. 87. Each donation or grant of gratuitous benefit, direct or oblique, between the spouses through the marriage shall be void, besides reasonable presents which the spouses may well give each other over the event of any family rejoicing. The prohibition shall also utilize to individuals living collectively as spouse and wife with out a legitimate marriage.
Art. 51. In said partition, the worth in the presumptive legitimes of all widespread youngsters, computed as in the date of the final judgment from the trial court docket, shall be sent in dollars, house or sound securities, Except the get-togethers, by mutual arrangement judicially authorized, experienced previously presented for these kinds of issues. The kids or their guardian or the trustee in their assets may well ask for the enforcement with the judgment.
Such consent shall be manifested in composing from the intrigued bash, who personally seems ahead of the appropriate regional civil registrar, or in the shape of an affidavit created inside the presence of two witnesses and attested prior to any official licensed by legislation to administer oaths. The personal manifestation shall be recorded in both equally programs for relationship license, plus the affidavit, if a person is executed as an alternative, shall be attached to said programs. (61a)
Art. 119. Every time an sum or credit payable within a length of time belongs to one of several spouses, the sums which may be collected throughout the wedding in partial payments or by installments over the principal shall be the exclusive residence of your spouse.
Artwork. 142. The administration of all classes of exclusive home of possibly partner could possibly be transferred through the court docket to the opposite husband or wife: (one) When one wife or husband becomes the guardian of one other; (2) When 1 wife or husband is judicially declared an absentee; (3) When a person spouse is sentenced to the penalty which carries with it civil interdiction; or (four) When one particular partner turns into a fugitive from justice or is in hiding being an accused in a very legal scenario.
Children conceived or born of the next marriage underneath Posting 53 shall Furthermore be genuine. TITLE II Lawful SEPARATION Art. fifty five. A petition for authorized separation may very well be submitted on any of the following grounds:
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Art. 141. The spouses might, in a similar proceedings exactly where separation of great site residence was decreed, file a motion in court docket for your decree reviving the residence routine that existed amongst them ahead of the separation of home in almost any of the subsequent scenarios: (one) Once the civil interdiction terminates; (2) When the absentee wife or husband reappears; (3) If the court docket, becoming glad that the wife or husband granted the power of administration in the wedding settlements will never all over again abuse that electricity, authorizes the resumption of reported administration; (four) In the event the partner who may have left the conjugal household without a decree of authorized separation resumes typical life with the opposite; (five) content When parental authority is judicially restored to the husband or wife previously deprived thereof; (6) If the spouses who have separated in actual fact for a minimum of one yr, reconcile and resume popular existence; or (seven) When after voluntary dissolution of the absolute community of house or conjugal partnership has actually been judicially decreed upon the joint petition of the spouses, they comply with the revival of the former property routine. No voluntary separation of assets may thereafter be granted.
Art. twelve. The area civil registrar, upon obtaining these application, shall have to have the presentation of the original birth certificates or, in default thereof, the baptismal certificates with the contracting get-togethers or copies of these kinds of paperwork duly attested via the folks possessing custody on the originals. These certificates or certified copies from the paperwork by this short article needn't be sworn to and shall be exempt within the documentary stamp tax. The signature and official title of the individual issuing the certificate shall be adequate proof of its authenticity. If both of your contracting events is unable to make his birth or baptismal certificate or maybe a Accredited duplicate of both as a result of destruction or loss of the initial or whether it is demonstrated by an affidavit of this sort of occasion or of another person that these delivery or baptismal certificate has not but been acquired though the same has become necessary of the individual getting custody thereof at the least fifteen days previous to the day of the appliance, this kind of occasion may furnish in lieu thereof his current residence certification or an instrument drawn up and sworn to before the area civil registrar concerned or any public Formal authorized to administer oaths.