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.
Discussion/Explanation:
According from the Art.181 and Art. 182, this article upon deductions of all charges that need to be paid, the remaining of the inventoried property will be constitute the credit of the conjugal partnership. As we can see, only money debts are chargeable against the estate left by the deceased and these are the obligations which do not pass to the heirs, but constitute a charge against the hereditary property.
Thus, when a husband dies, the widow and minor or incapacitate children of the deceased person during the direction of the court, such allowances as are provided by the Civil Code. This is the allowance for support, taken out of the general estate and given to the widow and minor children until their shares are delivered to them, but which shall be deducted from their portion in so far as it exceeds what they may have been entitled to as fruits or income.
Since the law gives this benefit only to minor “children” besides the widow, it is obvious that grandchildren are not included, neither is the widower or the deceased husband. And it is appears upon liquidation of the estate, that the liabilities of the conjugal partnership and of the husband’s personal estate exceed the assets and no allowance pending settlement can be given.
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