Text of the provision
Art. 108. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements.
(147a)
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.
What this article means
A gap-filler, like Article 90 is for the absolute community. Where this Chapter and the spouses' settlement are silent, the conjugal partnership is governed by the general Civil Code rules on the contract of partnership — but only so far as those rules do not conflict with the Chapter or the settlement.
The hierarchy is clear: the Chapter's specific rules and the marriage settlement come first; ordinary partnership law fills whatever they leave unaddressed.
Related provisions
- Article 90 — the parallel suppletory rule for the absolute community.
- Article 106 — the definition of the regime this fills gaps in.
Cases interpreting this article
- Authorities on the suppletory application of partnership rules under Article 108 will be added here as each is verified against primary sources.