Text of the provision
Art. 105. In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage, the provisions in this Chapter shall be of supplementary application.
The provisions of this Chapter shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code, without prejudice to vested rights already acquired in accordance with the Civil Code or other laws, as provided in Article 256.
(n)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full. The notation (n) indicates a new provision with no direct Civil Code antecedent.
What this article means
Since the Family Code took effect, the default regime is absolute community (Article 88). The conjugal partnership of gains (CPG) now applies only if the spouses choose it in a prenuptial agreement — and even then this Chapter's rules are only supplementary to what the settlement provides.
The second paragraph matters for older marriages: CPG was the default under the old Civil Code, so couples married before this Code are still under CPG, and this Chapter governs them — without disturbing vested rights already acquired (see Article 256, the Code's non-retroactivity clause).
Related provisions
- Article 106 — what the conjugal partnership of gains actually is.
- Article 88 — the absolute-community default CPG is the alternative to.
Cases interpreting this article
- Authorities on the application of the CPG regime under Article 105 will be added here as each is verified against primary sources.