What are the personal obligations of spouses to each other?
The husband and wife
are obliged to
1. live together
2. observe mutual love, respect and
fidelity, and
3. render mutual help and support
(Art. 68, FC)
Who shall fix the family domicile? In case of disagreement, who shall
decide?
The husband and wife
shall fix the family domicile. In case of disagreement, the court shall decide.
The court may exempt
one spouse from living with the other if the latter should live abroad or there
are other valid and compelling reasons for the exemption. However, such
exemption shall not apply if the same is not compatible with the solidarity of
the family (Art. 69, FC).
Who shall be responsible for the support of the
family? How shall the expenses for such support and other conjugal obligations
be paid?
The
spouses are jointly responsible for the support of the family.
The
expenses for such support and other conjugal obligations shall be paid from the
community property and, in the absence thereof, from the income or fruits of
their separate properties. In case of insufficiency or absence of said income
or fruits, such obligations shall be
satisfied from the separate properties. (Art. 70, FC)
1.
From the community property or conjugal property
2.
From the income or
fruits of their separate properties
3.
From the separate
properties of the spouses
Who has the right and duty to the management of the
household? Who shall pay for the expenses incurred for such management
The
management of the household shall be the right and the duty of both spouses
Art. 71, FC)
The
expenses for such management shall be paid in accordance with the provisions of
Article 70.
1.
From
the community property or conjugal property
2.
From the income or
fruits of their separate properties
3.
From the separate
properties of the spouses
Relief from the courts in case of disagreement
When one of the spouses
neglects his or her duties to the conjugal union or commits acts which tend to
bring danger, dishonor or injury to the other or to the family, the aggrieved
party may apply to the court for relief
May a spouse exercise any legitimate profession, occupation, business or activity without the consent of the other? On what grounds may a spouse object to such exercise? In case of disagreement, who shall decide on such objection?
Either spouse may exercise
any legitimate profession, occupation, business or activity without the consent
of the other. The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
In case of disagreement, the court shall decide whether or not:
(1) The objection is
proper, and
(2) Benefit has
occurred to the family prior to the objection or thereafter. If the benefit
accrued prior to the objection, the resulting obligation shall be enforced
against the separate property of the spouse who has not obtained consent.
The foregoing
provisions shall not prejudice the rights of creditors who acted in good faith (Art. 73, FC)
What properties shall be liable for the transactions of the spouse who acted without the consent of the other?
It depends.
If the benefit redounded to the family prior to the objection, the absolute community or conjugal partnership properties shall be liable for the obligation resulting from the transactions of the spouse who acted without the consent of the other. This is because such benefits in the form of profits or income have become part of the absolute community or conjugal partnership properties.
However, if the profits or income have accrued after the objection, the resulting obligations shall be enforced against the separate properties of the souse who has not obtained consent.
But the rights of the creditors who acted in good faith in transacting with the spouse who acted without the consent of the other spouse shall not be prejudiced in their rights. Thus, they may go after and hold the absolute community or conjugal partnership properties or the separate properties of the spouse with whom the creditors contracted (Art. 73, FC).
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