Part Ⅳ Family
Chapter II Marriage
Section 4 Matrimonial Property Regimes
Subsection 3 Contractual Regimes
Item 1 Community of Property
With the exception of separate property, all the property and income of the husband and the wife constitute common property to be owned by them in common.
The following constitutes the separate property:
(1) Articles which are exclusively intended for the personal use of the husband or the wife;
(2) Articles which are essential to the occupation of the husband or the wife;
(3) Gifts acquired by the husband or the wife which the donor has designated in writing to be the separate property.
The separate property provided in the preceding paragraph is governed by the provisions concerning the separation of property regime.
The husband and the wife manage the common property jointly except it has been agreed by the party who is entitled to manage.
The cost of management is borne out of the common property.
Either the husband or the wife must have the consent of the other for disposing of the common property.
The absence of such consent cannot be set up against a third party, unless he knew or had the means of knowing its absence, or unless the property in question could have, under the circumstances, been regarded as part of the common property.
Debts incurred by the husband or the wife before or during the continuance of the marriage relationship, should be chargeable to the common property and should be respectively liable to the extent of the separate property.
Debts payable out of the common property, where have been paid out of the common property, no claim for compensation will arise.
Debts payable out of the common property, where have been paid out of the separate property, or debts payable out of the separate property, where have been paid out of the common property, the claim for compensation shall arise and can be made even during the continuance of the marriage relationship.
Upon the death of one of the husband and the wife, half the common property shall pass to the heir of the deceased and the other half shall devolve on the surviving party.
In the case of the division of property mentioned in the preceding paragraph, where some other agreement exists as to the amounts, such agreement shall be followed.
In the case provided in the first paragraph, where the surviving party is by law unable to inherit, he may not claim a greater portion of the common property than he would get in the case of divorce.
On the dissolution of the community of property regime, each of the husband and the wife gets back the property of contracting for the holding of matrimonial property, unless otherwise provided for by law.
The common property was caused during the continuance of the community of property regime, each of the husband and the wife acquires a half of the property, unless otherwise provided for by contract.
The husband and the wife may agree by contract that the common property shall consist only of labor income.
Labor income as specified in the first paragraph comprises earnings from salary, wage, shares, bonus and the other related income acquired by the husband and the wife during the continuance of marriage relationship, as well as the interests and substitute profits of the labor income.
The property could not be proven as the labor income or the other property rather than labor income, will be presumed as labor income.
The property rather than the earnings of the husband or the wife is governed by the provisions concerning the separation of property regime.
The provisions in Article 1034, Article 1038 and Article 1040 shall be applicable mutatis mutandis to the first paragraph.