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 paraphernalia property administered by the husband, when the losses were due to his fault. He shall pay for the same.
Discussion/Explanation:
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 used of the family”. Losing movable belongings to either spouse or for the family of the deceased that they need and should use in living were not easily. Payments from the conjugal funds if been available, it shall be made even if the loss is through a fortuitous event or happened by a chance, the overriding consideration being the benefit afforded the family by the movable belongings exclusively to either spouse.
This would not be happened if it is the owner had been indemnified or secure against the losses from whatever source that had. But upon insufficiency of said assets, the spouses shall be solidarity liable for the unpaid balance with their separate properties. Then in accordance of the property remaining this will be serve as payments.
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