Main Topic: Liquidation of the Conjugal Partnership
Sub. Topic: Chapter 4 Conjugal Partnership of Gains
Art. 188. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them.
Discussion/Explanation:
In this article what belongs to the surviving spouse and children are their legitimized as well as the surviving spouse’s shares in the net profit or net asset of the conjugal property. With respect to the children, aside from their legitimized, they are entitled to whatever shares may be forfeited in their favor. From these shares may be deducted over-payments for support as authorized by the above article.
The mass of property is now consists of right and obligations adjudicated to the heirs or transmitted to them after deducting there from all the debts left by the deceased. Obligations are no longer a part of the inheritance. There are other obligations, however, which do not constitute money debts. These are not extinguished by death, and must still be considered as forming part of the inheritance. Thus, if the deceased is a lessee for as definite period, paying a periodical rental, then the heirs will inherit the obligation to the pay the rentals as they fall due together with the rights arising from the lease contract.
0 comments:
Post a Comment