Text of the provision
Art. 107. The rules provided in Articles 88 and 89 shall also apply to conjugal partnership of gains.
(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
A short cross-reference. Two absolute-community rules apply equally to the conjugal partnership of gains: the partnership begins at the moment of marriage and cannot be stipulated to start at another time (Article 88), and no waiver of partnership rights may be made during the marriage except on judicial separation of property (Article 89).
Rather than restate them, the Code imports both — so the same fixed start date and the same anti-waiver protection govern whichever regime a couple is under.
Related provisions
- Article 88 — commencement at the moment of marriage.
- Article 89 — the no-waiver rule and creditor rescission.
Cases interpreting this article
- Authorities on Article 107 will be added here as each is verified against primary sources.